dp 


JOUENAL 


or  THE 


CONVENTION  OF  THE  PEOPLE 


OF 


SOUTH    CAROLINA, 


Held  in  1860-G1. 


TOGETHER   WITH   THE    RKPORTS.    RESOLUTIONS,    &C. 


rmiisHF.n  hy  ohpi-i;  or  the  rosVBVTios. 


CHARLESTON : 

IVAXS    ft    COGBWKLL,   PRINTERS    TO    THK   CONVENTION. 

No.  3  Broad  nnd  I":'.  Enst  Bay  Streets. 

lMil 


'**  /-* 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


JOUENAL 


OF    THE 


CONVENTION  OF  THE  PEOPLE 


OF 


SOUTH    CAROLINA, 


Held  in  1860-61. 


TOGETHER   WITH   THE    REPORTS.    RESOLUTIONS.    &G, 


Pl'DL'.SIIED    DY    ORDER    OF    THE    COSVBWTIOX. 


CHARLESTON: 

EVANS    &    COGSWELL,    PRINTERS    TO    THE    CONVENTION. 
No.  3  Broad  and  103  East  Bay  Streets. 

1861. 


JOURNAL  OF  THE  CONVENTION. 


MONDAY,  DECEMBER  IT,  1860. 

Pursuant  to  an  Act  of  the  General  Assembly  of  the 
State  of  South  Carolina,  entitled  "an  Act  to  provide  for 
the  calling  of  a  Convention  of  the  people  of  this  State," 
ratified  the  9th  day  <>t'  November,  1860,  the  Delegates  from 
the  several  Election  Districts  of  this  State,  assembled  in  the 
Baptist  Church,  in  the  town  of  Columbia,  on  this  day,  at 
twelve  o'clock,  M. 

On  motion  of  Mr.  James  II.  Adams,  of  Richland,  Mr. 
D.  F.  Jamison,  a  Delegate  from  Barnwell,  was  called  to  the 
chair. 

On  motion  of  Mr.  J.  Izard  Middleton,  of  all  Saints,  it 
was 

Resolved,  That  the  President  appoint  a  member  of  the 
Convention  temporary  Secretary. 

The  President,  in  accordance  with  this  Resolution, 
requested  Mr.  T.  Y.  Simons,  of  St.  Philip  and  St.  Michael, 
to  act  as  temporary  Secretary  ;  and  then  addressed  the 
Convention  as  follows : 

Gentlemen :  We  have  met  here  under  circumstances  more 
solemn  than  any  of  us  have  ever  been  placed  in  before. 
No  one,  it  seems  to  me,  is  duly  impressed  with  the  magni- 
tude of  the  work  before  him,  who  does  not,  at  the  same 
time,  feel  that  he  is  about  to  enter  upon  the  gravest  and 


4  Journal  op  the 

•lemn  act  which  has  fallen  to  the  lot  of  this  genera- 
tion to  accomplish!.  It  is  no  less  than  onr  fixed  determina- 
tion to  throw  off  a  Government  to  which  we  have  been 
accustomed,  and  to  provide  new  safeguards  for  our  future 

surity.  if  anything  has  been  decided  by  the  elections 
which  sent  ns  here,  it  is,  that  South  Carolina  must  dissolve 
her  connection  with  the  Confederacy  as  speedily  as  pos- 
sible. 

In  the  progress  of  this  movement  we  have  two  great 
dangers  to  fear — overtures  from  without,  and  precipitation 
within.  T  trust  that  the  door  is  now  forever  dosed  to  all 
further  connection  with  our  Northern  confederates;  for 
what  guarantees  can  they  offer  us,  more  strictly  guarded, 
or  under  higher  sanctions,  than  the  present  written  com- 
pact between  us  ?  And  did  that  sacred  instrument  protect 
us  from  the  jealousy  and  aggressions  of  the  North,  com- 
menced forty  years  ago,  which  resulted  in  the  Missouri 
Compromise  ? 

Did  the  Constitution  protect  us  from  the  cupidity  of  the 
Northern  people,  who,  for  thirty-five  years,  have  imposed 
the  burden  of  supporting  the  General  Government  chiefly 
on  the  industry  of  the  South?  Did  it  save  us  from  Aboli- 
tion petitions,  designed  to  annoy  and  insult  us,  in  the  very 
halls  of  our  Federal  Congress?  Did  it  enahle  us  to  obtain 
a  single  foot  of  the  soil  acquired  in  the  war  with  Mexico, 
where  the  South  furnished  three-fourths  of  the  money, 
two-thirds  of  the  men,  and  four-fifths  of  the  graves  ?  Did 
it  oppose  any  obstacle  to  the  erection  of  California  into  a 
free-soil  State,  without  any  previous  territorial  existence, 
without  any  defined  boundaries,  or  any  census  of  her  popu- 
lation '(  Did  it  throw  any  protection  around  the  Southern 
settlers  of  Kansas,  when  the  soil  of  that  territory  was 
invaded  by  the  emissaries  of  Emigrant  Aid  Societies,  in  a 
crusade  preached  from  Northern  pulpits,  when  churchmen 
and  women  contributed  Sharp's  rifles  and  Colt's  revolvers, 
to  swell  the  butchery  of  Southern  men?  And  has  not  that 
Constitution  been  trodden  under  foot  by  almost  every 
Northern   State,   in   their  Ordinances    nullifying  all    laws 


Convention  of  1860.  5 

made  for  the  recovery  of  fugitive  slaves,  by  which  untold 
millions  of  property  have  been  lost  to  the  South  ? 

Let  us  be  no  longer  duped  by  paper  securities.  "Written 
Constitutions  are  worthless,  unless  they  are  written,  at  the 
same  time,  in  the  hearts,  and  founded  on  the  interests  of  a 
people  ;  and  as  there  is  no  common  bond  of  sympathy  or 
interest  between  the  North  and  the  South,  all  efforts  to 
preserve  this  Union  will  not  only  be  fruitless,  but  fatal  to 
the  less  numerous  section.  The  other  danger  to  which  I 
referred,  may  arise  from  too  great  impatience  on  the  part 
of  our  people  to  precipitate  the  issue,  in  not  waiting  until 
they  can  strike  with  the  authority  of  law. 

At  the  moment  of  inaugurating  a  great  movement  like 
the  present,  I  trust  that  we  will  go  forward,  and  not  be 
diverted  from  our  purpose  by  influences  from  without.  In 
tin'  outset  of  this  movement  I  can  offer  you  no  better  motto 
than  Danton's,  at  the  commencement  of  the  French  Revo- 
lution :  "To  dare  !  and  again  to  dare  !  and  without  end  to 
dare?" 

Mr.  J.  H.  Adams,  of  Richland,  offered   the    following 

resolutions : 

Ii<  solved,  That  the  proceedings  of  this  meeting  be  opened 
with  prayer,  and  that  the  Rev.  Mr.  Breaker  be  invited  to 
officiate  this  morning. 

Resolved,  That  each  successive  day  of  our  Convention  be 
opened  Avith  prayer,  and  that  the  President  of  the  Conven- 
tion be  requested  to  invite  some  clergyman  to  perform  that 
duty. 

The  question  being  taken,  the  resolution  was  agreed  to, 
and  the  proceedings  were  opened  with  prayer  accordingly. 

The  President  laid  before  the  Convention  the  following 
communication  : 

House  of  Rkprf.skxtatives,  Dec.  17,  1860. 
To  the  Honorable  ike  President  of  the  Convention 

of  the  People  of  South  Carolina  : 
Sir  :  In  accordance  with   a   resolution   adopted  by  the 
House  this  day,  I  have  the  honor  of  extending  to  you  and 


6  Journal  of  the 

the    members   of  the   Convention,  ail   invitation    to   attend 
the  inauguration  of  the  Governor  elect,  to  take  place  this 
day  in  the  Hall  of  the  House  of  Representatives. 
With  profound  respect, 

I  have  the  honor  to  be, 

Respectfully  yours, 

JAMES  FAEROW, 
Chairman  Committee  of  Arrangements. 

On  motion  of  Mr.  James  L.  Orr,  of  Anderson,  it  was 

Resolved,  That  the  communication  be  laid  on  the  table 

until  the  organization  of  the  Convention  is  completed. 

The  credentials  of  the  following  individuals  were  then 
exhibited,  and  their  names  enrolled  as  members  of  the 
Convention  : 

AbbeviUe— Thos.  Chiles  Perrin,  Edw.  Noble,  J.  TT.  Wil- 
son, Thos.  Thomson,  David  Louis  Wardlaw,  J110.  Alfred 
Calhoun. 

All  Saints — John  Izard  Middleton,  Benjamin  E.  Sessions. 

Anderson — J.  X.  Whitner,  James  L.  Orr,  J.  P.  Reed,  R. 
F.  Simpson,  Benjamin  Franklin  Mauldin. 

Barnwell — Lewis  Malone  Aver,  Jr.,  W.  Peronneau  Fin- 
ley,  J.  J.  Brabham,  Benj.  W.  Lawton,  D.  F.  Jamison. 

Chester — John  McKee,  Thomas  W.  Moore,  Richard 
Woods,  A.  Q.  Dunovant. 

Chesterfield — John  A.  Inglis,  Henry  Mclver,  Stephen 
Jackson. 

Christ  Church — W.  Pinekney  Shinglcr,  Peter  P.  Bon- 
neau. 

Clarendon — John  P.  Richardson,  John  J.  Ingram. 

Dar!inf/ton — Edgar  W.  Charles,  Julius  A.  Dargan,  Isaac 
D.  Wilson,  John  M.  Timmons. 

Edgefield — Francis  Hugh  Wardlaw,  R.  G.  M.  Dunovant, 
James  Parsons  Carroll,  Wm.  Gregg,  Andrew  J.  Hammond, 
James  Tompkins,  James  C.  Smyly. 


Convention  of  1860.  7 

Fairfield — John  Hugh   Means,  William  Strother  Lyles, 
Henry  Campbell  Davis,  Jno.  Buchanan. 

Greenville — James    C.   Furman,    P.   E.   Duncan,   W.   K. 
Easley,  James  Harrison,  W.  H.  Campbell. 

Horry— Thoe.  W.  Beaty,  Wm.  J.  Ellis. 

Kershaw — T.  J.  Withers,  James  Chesnut,  Jr. 

Lancaster — R.  L.  Crawford,  W.  C.  Cauthen,  D.  P.  Robin- 
son. 

Laurens — H.    C.    Young,  II.    W.   Garlington,  John  D. 
Williams,  W.  D.  Watts,  Thos.  Wier. 

Lexington — n.  I.  Caughman,  John  C.  Geiger,  Paul  Quat- 
tlebaum. 

Marion— W.   B.    Rowell,    Chesley  D.   Evans,  Wm.   W. 
Harllee,  A.  W.  Bethea. 

Marlboro' — E.  W.  Goodwin,  William  D.  Johnson,  Alex. 
McLeod. 

Newberry — John   P.   Kinard,  Robert  Moorman,  Joseph 
Caldwell,  Simeon  Fair. 

Orange — Thomas   Worth    Glover,   Lawrenee   M.   Keitt, 
Donald  Rowe  Barton. 

Pickens — Wm.    Hunter,    Andrew    F.    Lewis,    Robt.    A. 
Thompson.  William  S.  Grisham,  John  Maxwell. 

Prince  Williams — Jno.  E.  Frampton,  W.  Ferguson  Hut- 
son. 

JRichkmd — W.  F.  DeSaussurc,  William  Hopkins,  James 
II.  Adams,  Maxcy  Gregg,  John  II.  Kinsler. 

St.  Andrew's — Emphraim  M.  Clark,  Alex.  II.  Brown. 

St.  Bartholomew's — E.  St.  P.  Bellinger,  Merrick  E.  Cam, 
E.  R.  Henderson,  Peter  Stokes. 

St.  George's,  Dorchester — Daniel  Find,  David  C.  Appleby. 

St.  Helena — R.  W.  Barnwell,  Jos.  Dan'l  Pope. 

St.  James',  Goose  Greek — John  M.  Shingler,  C.  P.  Brown. 

St.  James',  Saniee — Daniel  Du  Pre,  A.  Mazyck. 

St.  John's,  Berkley — William  Cain,  P.  G.  Snowden. 

St.  John's,  Colleton — Geo.  W.  Seabrook,  John  Jenkins. 

St.  Luke's — R.  J.  Davant,  E.  M.  Seabrook. 

St.  Mathcw's — John  J.  Wannamaker. 

St.  Paul's — Elias  B.  Scott,  Joseph  E.  Jenkins. 


8  Journal  of  the 

St.  Peter's — Langdon  Cheves,  George  Rhodes. 

St  Philip  sand  Si.  Mbchm  Vs — A.  G.  Magrath,  Win.  Porcher 
Miles,  John  Townscnd,  Robert  X.  Gourdin,  II.  W.  Con- 
ner, Theodore  D.  Wagner,  R.  Barnwell  Rhett,  C.  G.  Mem- 
minger,  Gabriel  Manigault,  John  Julius  Pringle  Smith, 
Isaac  W.  Ilavno,  Jno.  H.  Honour,  Rich'd  De  Treville, 
Thos.  M.  Hanckel,  A.  W.  Burnet,  Thos.  Y.  Simons,  L. 
W.  Spratt,  Williams  Middleton,  F.  D.  Richardson,  B.  II. 
Rutledge,  Edward  McCrady,  Francis  J.  Porcher. 

St.  Stephen's — T.  L.  Gourdin,  John  S.  Palmer. 

St.  Thomas'  and  St.  Dennis' — John  L.  Nowell,  John  S. 
O'Hear. 

Spartanburg — John  G.  Landrum,  B.  B.  Foster,  Benjamin 
F.  Kilgore,  J.  II.  Carlisle,  Simpson  Bobo,  Wm.  Curtis. 

Sumter — II.  D.  Green,  Matthew  P.  Mayes,  Thomas  Reese 
English,  Sr.,  Albertus  Chambers  Spain. 

Union — J.  M.  Gadbcrry,  J.  S.  Sims,  Wm.  II.  Gist,  James 
Jeffcries. 

Williamsburg — Anthony  W.  Dozier,  John  G.  Pressley, 
R.  C.  Logan. 

Winyaw — Francis  S.  Parker,  Benjamin  Faneuil  Dunkin, 
Samuel  Taylor  Atkinson,  Alex.  M.  Forster. 

York — William  Blackburn  Wilson,  Robert  T.  Allison, 
Samuel  Rainey,  A.  Baxter  Springs,  A.  I.  Barron. 

On  motion  of  Mr.  Quattlebaum,  of  Lexington,  the  Con- 
vention proceeded  to  ballot  for  permanent  President,  with 
the  following  result: 

First  Ballot. 

Whole  number  of  votes  cast  151 

Necessary  to  a  choice 76 

Mr.  W.  II.  Gist received  27  votes, 

J.  L.  Orr "         22       " 

J.  Chesnut,  Jr "         22       " 

R.  W.Barnwell "         17       " 

D.  F.  Jamison "        15       " 


Convention  of  1860.  9 

D.  L.  Wardlaw  received  15  votes, 

J.  P.  Carroll  "  6  "    ' 

J.  C.  Furman "  6  " 

R.  B.  Rhett "  5  " 

B.  F.  Dunkin "  4  " 

J.  H.  Adams  "  3  " 

J.  A.  Inglis "  3  " 

J.  P.  Richardson   "  2  " 

D.J.Jamison "  1  " 

W.  F.  DeSaussure  ...: "  1  " 

J.  II.  Cleans  "  1  « 

Blank 1  " 

Second  Ballot. 

Whole  number  of  votes  cast 152 

Necessary  to  a  choice 77 

Mr.  W.  H.  Gist '. received  38  votes, 

J.  L.  Orr «  31  " 

D.  F.  Jamison  "  27  " 

J.  Chesnut,  Jr "  27  " 

D.  L.  Wardlaw  "  13  " 

R.  W.  Barnwell "  .12  " 

J.  P.  Carroll    «  1  " 

B.  F.  Punkin «  1  " 

D.J.Jamison "  1  « 

J.P.Richardson "  1  " 

Third  Ballot. 

Whole  number  of  votes  cast 150 

Necessary  to  a  choice 76 

Mr.  D.  F.  Jamison  received  64  votes, 

J.  L.  Orr "  32  « 

W.  II.  Gist "  28  " 

J.  Chesnut,  Jr "  17  " 

R.  W.  Barnwell "  6  " 

D.  L.  Wardlaw "  2  " 

D.  J.  Jamison  "  1  " 


10  Journal  of  tiie 

Fourth  Ballot 

Whole  number  of  votes  cast 151 

Necessary  to  a  choice TO 

Mr.  D.  F.  Jamison  received  118  votes, 

J.  L.  Orr   "  30      " 

J.  Chesnut,  Jr "  3      " 

Mr.  J.  Izard  Middleton,  of  All  Saints,  was  called  tempo- 
rarily t<>  the  Chair,  and  announced  that  Mr.  D.  F.  Jamison, 
having  received  a  majority  of  the  votes  cast,  was  duly 
elected  permanent  President  of  the  Convention. 

On  motion  of  Mr.  A.  W.  Burnet,  of  St.  Philip's  and  St. 
Michael's,  it  was 

Resolved,  That  a  Committee  of  three  he  appointed  to 
conduct  the  President  elect  to  the  Chair. 

The  following  gentlemen  were  appointed:  Messrs.  A.  "W\ 
Burnet,  Thomas  Thomson  and  W.  Porcher  Miles. 

The  President  elect,  on  taking  the  Chair,  addressed  the 
Convention  as  follows : 

Gentlemen  of  the  Convention: — 

When  I  say  that  I  have  no  words  to  express  the  gratifi- 
cation which  your  confidence  has  afforded  me,  I  only  say 
precisely  what  1  mean.  There  is  no  honor  1  esteem  more 
highly  than  to  sign  the  Ordinance  of  Secession,  as  a  mem- 
ber of  this  body;  but  I  will  regard  it  as  the  greatest 
honor  of  my  life  to  sign  it  as  your  presiding  officer. 
We  have  entered  on  a  great  work,  and  God,  who  holds 
in  His  hands  the  destinies  of  nations,  only  knows  what 
may  be  the  result.  That  it  may  lead  to  the  honor  and 
glory  of  South  Carolina  is  my  most  fervent  prayer.  May 
God  aid  our  State  !  I  am  too  little  accustomed  to  the 
duties  of  presiding  over  a  body  like  this,  not  to  feel  my 
want  of  qualification  for  the  position  you  have  assigned 
me ;  and  I  have  been  so  long  withdrawn  from  deliberative 


Convention  of  1860.  11 

bodies,  that  I  must  ask  your  indulgence  for  the  errors  I 
may  commit.  I  stated  in  commencing  that  I  was  so  over- 
come by  your  confidence  that  I  had  nothing  to  say.  All  I 
can  do  would  be  to  express  but  imperfectly  the  emotions 
that  agitate  my  bosom. 

On  motion  of  Mr.  Quattlebaum,  of  Lexington,  it  was 

Resolved,  That  the  rules  adopted  by  the  Convention  of 
South  Carolina  in  April,  1852,  be  adopted  by  this  Conven- 
tion for  the  government  of  the  same. 

On  motion  of  Mr.  TV".  S.  Lylcs,  of  Fairfield,  it  was 

Bcsolvcd,  That  the  President  of  the  Convention  be  au- 
thorized to  appoint  a  Clerk,  a  Messenger,  and  a  Door 
Keeper  for  the  Convention. 

On  motion  of  Mr.  J.  IT.  Adams,  of  Richland,  it  was 

Besolvcd,  That  the  Hon.  John  A.  Elmore,  Commissioner 
to  this  Convention  from  the  State  of  Alabama,  and  the 
Hon.  Charles  E.  Hooker,  Commissioner  from  the  State  of 
Mississippi,  he  invited  to  take  seats  on  the  floor  of  the  Con- 
vention. 

Resolved,  That  a  Committee  of  three  be  appointed  by 
the  Chair  to  wait  on  the  Hon.  Messrs.  Elmore  and  Hooker, 
and  invite  them  to  address  the  Convention,  in  the  Hall,  this 
evening,  at  seven  o'clock. 

The  Chair  appointed  Messrs.  J.  II.  Adams,  I.  TV.  Ilaync, 
and  A.  W.  Burnet,  said  Committee. 

On  motion  of  Mr.  Keitt,  of  Orange,  it  was 

Resolved,  That  a  Committee  of  three  be  appointed  to 
wait  on  the  Hon.  Howell  Cobb,  of  Georgia,  and  invite  him 
to  a  seat  on  the  floor  of  the  Convention. 

The  Chair  appointed  Messrs.  L.  M.  Keitt,  J.  L.  Orr,  and 
TV.  P.  Miles,  said  Committee. 


12  Journal  of  the 

Mr.  Cnglis,  of  Chesterfield,  offered  the  following  resolu- 
tions : 

Resolvedj  That  when  this  Convention  adjourns,  it  stand 
adjourned  to  meet  in  the  City  of  Charleston,  on  Tuesday, 
the  18th  inst.,  at  four  o'clock. 

Resolved,  That  the  Delegates  from  St.  Philip's  and  St. 
Michael's  be  requested  to  procure  a  suitable  building  for 
the  said  meeting,  and  be  requested  to  report  to  the  Presi- 
dent of  this  Convention  as  to  the  same. 

Mr.  Mazyck,  of  St.  James',  Santec,  moved  to  lay  the 
resolutions  on  the  table.     Ayes,  68  ;  Nays,  87. 

Mr.  W".  F.  De  Saussure,  of  Richland,  moved  to  amend 
the  resolutions  by  striking  out  "Tuesday,  the  18th,"  and 
inserting  "  Wednesday,  the  19th." 

On  motion  of  Mr.  J.  J.  P.  Smith,  of  St.  Philip's  and  St. 
Michael's,  the  amendment  was  laid  on  the  tabic. 

The  original  resolutions  were  then  agreed  to. 

On  motion  of  Mr.  J.  J.  AVannamaker,  of  St.  Mathew's, 
it  was  ordered  that 

Whereas,  At  the  election  held  in  St.  Mathew's  Parish,  for 
Delegates  to  the  Convention,  to  convene  on  this  day,  but 
one  candidate  received  a  majority  of  votes  cast.  The  next 
two  receiving  the  same  numbers,  there  was,  consequently, 
but  one  elected.  The  Parish  being  entitled  to  two.  is  but 
in  part  represented  ;  therefore, 

Resolved,  That  the  President  of  the  Convention  do  issue 
a  writ  of  election,  to  be  held  on  Monday,  the  24th  instant, 
in  all  respects  as  the  former,  to  till  said  vacancy. 

On  motion  of  Mr.  Maxcy  Gregg,  of  Richland,  the  Con- 
vention took  a  recess  until  seven  o'clock,  v.  M, 

THOMAS  Y.  SIMONS, 

71  mporary  Secretary . 


Convention  of  1860.  13 


RECESS. 


Tlie  President  resumed  the  Chair. 

The  President  announced  the  following  gentlemen  as 
officers  of  the  Convention,  viz  :  13.  F.  Arthur,  Clerk ;  C. 
O.  La  Motte,  Messenger;  and  Samuel  J.  Settles,  Doorkeeper. 

Mr.  Adams,  from  the  Committee  appointed  to  wait  upon 
the  Commissioners  from  the  State  of  Alabama,  and  from 
the  State  of  Mississippi,  introduced  to  the  Convention,  Hon. 
John  A.  Elmore,  Commissioner  from  the  State  of  Alabama, 
and  Hon.  Charles  E.  Hooker,  Commissioner  from  the  State 
of  Mississippi,  who,  respectively,  addressed  the  Convention. 

Mr.  .1.  I).  Kershaw,  Delegate  from  Kershaw,  appeared  at 
the  Clerk's  desk,  produced  his  credentials,  signed  the  roll 
and  took  his  seat. 

Mr.  Inglis  ottered  the  following  resolutions  : 

Resolved,  That  it  is  the  opinion  of  this  Convention  that 
the  State  of  South  Carolina  should  forthwith  Becede  from 
the  Federal  Union,  known  as  the  United  States  of  America. 

Resolved,  That  a  Committee  of members  beappointed 

to  draft  an  Ordinance,  proper,  to  be  adopted  by  this  Con- 
vention, in  order  to  accomplish  this  purpose  of  secession; 
and  that  individual  members  desiring  to  submit  for  the 
consideration  of  the  Convention,  any  draft  or  scheme  of 
such  Ordinance,  be  requested  to  hand  the  same,  without 
delay,  to  the  said  Committee. 

Resolved,  That  the  Act  of  the  General  Assembly  of  this 
State,  providing  for  the  assembling  of  this  Convention,  be 
referred  to  the  same  Committee,  with  instructions  to  con- 
sider and  report  thereon. 

The  question  being  put,  will  the  Convention  agree  to  the 
first  resolution  ?  it  passed  in  the  affirmative  : 
Yeas,  159;  nays,  none. 
The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are  : 


14 


Journal  of  the 


Hon.  D.  F.  Jamison, 

Messrs.    Adams, 
Allison, 
Appleby, 
Atkinson, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Buchanan, 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Carlisle, 
Carroll, 
( laughman, 
CautheD, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
I  targan, 
Davant, 
Davis, 

De  Saussure, 
I)e  Treville, 
Dozier, 
Duncan, 
Dunkin, 
Dunovaut,  A.  Q. 
D u Movant,  II.  G.  M. 
Du  Pre, 
Easley, 


President;  and 

Bills, 

English, 

Evans, 

Fair, 

Finley, 

Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  K 

Gourdin,  T.  L. 

Gregg,  Maxey 

Gregg,  William 

Grisham, 

Hammond, 

Harllee, 

Harrison, 

I  [ayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Tnglis, 

Ingram, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

K'eitt, 

Kershaw, 

Ivilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 


Convention  of  1860. 


15 


Lewis, 

Logan, 

Lyles, 

McCrady, 

Mclver, 

Mclvee, 

McLeod, 

Magrath, 

Manigault, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means. 

Middleton,  John  Izard 

Middleton,  W. 

Miles. 

Moore, 

Moorman, 

Noble, 

No  well, 

0'Hear, 

Orr, 

] 'aimer, 

Parker, 

Perrin, 

Pope, 

Porch  or, 

Pressl  ey, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  I). 


Richardson,  J.  P. 

Powell, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W-,  Sr, 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  V. 

Simons. 

Simpson, 

Smyly 

Smith, 

Snowden, 

Spain, 

Bpratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wannamaker, 

Wardlaw,  I>.  L. 

Wardlaw,  F.  II. 

Wier, 

Whitnef, 

Williams, 

Wilson.  1.  D. 

Wilson,  J.  H. 

Wilson.  W.  B. 

Withers, 

Woods. 


The  Convention  proceeded  to  the  consideration  of  the 
second  resolution. 

Mr.  Iihett  moved  to  amend  the  second  resolution  by 
adding  the  words,  "all  the  matters  appertaining  to  the 
business  of  the  Convention." 

On  motion  of  Mr.  Hutson,  the  amendment  was  ordered 
to  lie  on  the  table. 

On  motion  of  Air.  D.  L.  Wardlaw,  the  blank  was  filled 
with  the  number  seven ;  and  the  resolution  was  agreed  to. 


16  Journal  of  the 

Mr.  Inglia  withdrew  the  third  resolution. 

On  motion  of  Mr.  Orr;  the  Eon.  Eenry  Dickinson,  Com- 
missioner from  the  State  of  Mississippi  to  the  State  of  Del- 
aware, was  invited  fed  a  scat  on  the  floor  of  the  Convention. 

On  motion  of  Mr.  Manigault,  it  was 

Resolved,  That  it  is  the  earnest  desire  of  this  Convention 
that  the  Commissioners  from  the  States  of  Alabama  and 
Mississippi  accompany  the*  Convention  to  Charleston. 

On  motion  of  Mr.  Pope,  it  was 

Resolved,  That  the  thanks  of  this  Convention  be  returned 
to  the  Baptist  Congregation,  of  Columbia,  for  the  use  of 

their  building. 

On  motion  of  Mr.  Keitt,  it  was 

Resolved,  That  a  message  be  sent  to  the  Committee  of 
Arrangements  of  the  Legislature,  returning  the  thanks  of 
the  Convention  for  their  invitation  to  attend  the  inaugu- 
ration of  the  Governor,  and  explaining  why  this  Conven- 
tion could  not  attend. 

The  President  presented,  the  credentials  of  Hon.  John  A. 
Elmore,  Commissioner  from  the  State  of  Alabama,  and  the 
credentials  of  Hon.  Charles  E.  Hooker,  Commissioner  from 
the  State  of  Mississippi,  which  were  ordered  to  be  filed,  and 
entered  on  tfhe  Journal. 

On  motion,  the  Convention  was  adjourned  at  ten  o'clock, 

P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1860.  17 


STATE  OF  MISSISSIPPI. 

John  J.  Pettus,  Governor  of  the  State  of  Mississippi, 
To  His  Excellency,  the  Governor  of  the  State  of  South  Carolina, 
Greeting : 

Be  it  Known,  That,  reposing  special  trust  and  confidence 
in  the  ability,  integrity  and  fitness  of  Hon.  C.  E.  Hooker, 
I  have,  in  compliance  with  a  Resolution  passed  by  the 
Legislature  of  this  State,  on  the  30th  day  of  November, 
A.  D.  I860,  appointed,  and  by  these  presents  do  appoint 
him  a  Commissioner  from  Mississippi,  to  proceed  to  the 
Capital  of  South  Carolina,  to  inform  the  people  of  that 
Commonwealth,  through  their  Executive,  that  the  Legisla- 
ture of  this  State  has  passed  an  Act  calling  a  Convention  of 
the  people  of  the  State,  to  consider  the  present  threatening 
relations  of  the  Northern  and  Southern  sections  of  the 
United  States — aggravated  by  the  recent  election  of  a  Pres- 
cient upon  principles  of  hostility  to  the  States  of  the  South, 
and  to  express  the  earnest  hope  of  Mississippi  that  South 
Carolina  will  co-operate  with  her  in  the  adoption  of  effi- 
cient measures  for  the  common  defence  and  safety  of  the 
South. 

Given  under  my  hand,  and  the  Great  Seal  of  the    State 
hereunto  affixed,  at  the  City  of  Jackson,  this  5th  day  of" 
December,  A.  D.  1860. 

By  the  Governor, 

[l.  s.]  JOHN  J.  PETTUS.. 

C.  A.  Brougher,  Secretary  of  State. 


Convention  of  1860.  19 

STATE  OF  ALABAMA. 

Executive  Department. 
Montgomery,  Ala.,  Dec.  8,  1860. 

Whereas,  the  election  of  Abraham  Lincoln,  a  Black 
Republican,  to  the  Presidency  of  the  United  States,  by  a 
purely  sectional  vote,  and  by  a  party  whose  leading  and 
publicly  avowed  object  is  the  destruction  of  the  institution 
of  Slavery,  as  it  exists  in  the  slaveholding  States:  And 
whereas,  the  success  of  said  party,  and  the  power  which  it 
now  has,  and  soon  will  acquire,  greatly  endanger  the  peace, 
interests,  security  and  honor  of  the  slaveholding  States, 
and  make  it  necessary  that  prompt  and  efficient  measures 
should  be  adopted  to  avoid  the  evils  which  must  result 
from  a  Republican  administration  of  the  Federal  Govern- 
ment; and,  as  the  interests  and  destiny  of  the  slaveholding 
States  are  the  same,  they  must  naturally  sympathize  with 
each  other;  they,  therefore,  so  far  as  it  may  be  practicable, 
should  consult  and  advise  together  as  to  what  is  best  to  be 
done  to  protect  their  mutual  interests  and  honor: 

Now,  therefore,  in  consideration  of  the  premises,  I, 
Andrew  B.  Moore,  Governor  of  the  State  of  Alabama,  bv 
virtue  of  the  general  powers  in  me  vested,  do  hereby  con- 
stitute and  appoint  Col.  John  A.  Elmore,  a  citizen  of  said 
State,  a  Commissioner  to  the  sovereign  State  of  South 
Carolina,  to  consult  and  advise  with  his  Excellency  Gov- 
ernor W.  II.  Gist,  and  the  members  of  the  Convention  to 
be  assembled  in  said  State  on  the  17th  day  of  December, 
instant,  as  to  what  is  best  to  be  done  to  protect  the  rights, 
interests  and  honor  of  the  slaveholding  States,  and  to 
report  the  result  of  such  consultation  in  time  to  enable  me 
to  communicate  the  same  to  the  Convention  of  the  State  of 
Alabama,  to  be  held  on  Monday,  the  7th  day  of  January, 
next. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and 
caused  the  Great  Seal  of  the  State  to  be  affixed,  in  the 
City  of  Montgomery,  this  8th  day  of  December,  A.  D. 
1860. 
[l.  s.]  A.  B.  MOORE. 


Convention  of  1860. 


21 


TUESDAY,   DECEMBER  18,   1860. 

Pursuant  to  adjournment,  the  Convention  assembled  at 
Institute  Hall,  in  the  City  of  Charleston,  at  four  o'clock, 
p.  m.  The  President  took  the  chair,  and  the  proceedings 
were  opened  with  prayer  by  Rev.  J.  C.  Furman. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs.  Adams, 
Allison, 
Appleby. 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  C.  P. 
Brown,  A.  H. 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carlisle, 
Carroll, 
Cauthen, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davant, 
Davis, 
De  Treville, 
Dozier, 
Duncan, 
Dunkin, 


Dnnovant,  A.  Q. 

Du  Pre, 

Easley, 

Ellis/ 

English, 

Evans, 

Fair, 

Fin  ley, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Garlington, 

Geiger, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Hammond, 

Harllee, 

Harrison, 

Hayne, 

Honour, 

Hunter, 

Hutson, 

Inglis, 

Jackson, 

Jefferies, 

Jenkins,  John 

Johnson, 

Kershaw, 


'22 


Journal  of  tiii: 


Kilgore, 
Kinard, 
Kinsler, 
Landrum, 

Lawton, 

Lewis, 

Logan, 

Lytes, 

MeCradjc, 

Mclver, 

McKee, 

Magratb, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Memminger, 

Middleton,  Jolin  Izard 

Middleton,  W. 

Moore, 

Moorman, 

Nowell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Porch  ei% 

Press]  ey, 

Quattlebaum, 

Rainey, 

Peed, 

Phett, 


Rhodes, 

Richardson,  F.  D. 
Robinson, 
Rowell, 

Scott, 

Seabrook,  P.  M. 

Sessions, 

Shingter,  W.  P. 

Simons, 

Simpson, 

Smvlv, 

Smith, 

Snowaen, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  P.  A. 

Thomson,   Thomas 

Timmons, 

Wagner, 

Wannamaker, 

Wardlaw,  IX  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


Mr.  John  L.  Manning,  a  Delegate  from  Clarendon,  ap- 
peared at  the  Clerk's  desk,  produced  his  credentials,  en- 
rolled his  name,  and  took  his  seat. 

Messrs.  Cam,  Memminger,  Young  and  Watts  asked  to 
give  the  vote  they  would  have  given,  if  present,  on  a  reso- 
lution adopted  yesterday,  declaring  it  to  he  the  sense  of  this 
Convention,  that  the  State  of  South  Carolina  should  forth- 
with secede  from  the  Federal  Union ;  and  those  gentlemen 
being  called,  respectively,  answered,  "aye." 


Convention  of  1860.  23 

On  motion  of  Mr.  Rhett,  it  was 

Resolved,  That  a  Committee  consisting  of  members 

be  appointed  to  prepare  an  address  to  the  people  of  the 
Southern  States. 

On  motion,  the  blank  was  filled  with  the  number  seven. 
Whereupon,  the  President  appointed  the  following  gen- 
tlemen, of  the  Committee : 

Messrs.  R.  B.  Rhett, 

John  A.  Calhoun, 
W.  P.  Finley, 
I.  D.  Wilson, 
W.  F.  De  Saussure, 
Langdon  Cheves, 
M.  E.  Cam. 

On  motion  of  Mr.  Orr,  it  was 

Resolved,  That  the  Charleston  Delegation  be  requested  to 
inquire  into  and  report  upon  the  expediency  of  procuring 
another  Hall  for  the  use  of  this  Convention,  and  that  they 
publish  their  decision  to-morrow  in  the  newspapers  of  the 
city. 

Mr.  Hutson  offered  the  following  resolutions  : 

Resolved,  That  the  President  do  appoint  four  standing 
Committees  for  this  Convention,  each  consisting  of  seven, 
as  follows  : 

1.  A  Committee  on  Relations  with  the  Slaveholding 
States  of  North  America. 

2.  A  Committee  on  Foreign  Relations. 

3.  A  Committee  on  Commercial  Relations. 

4.  A  Committee  on  the  Constitution  of  the  State. 

On  motion  of  Mr.  F.  D.  Richardson,  the  Resolutions- 
were  made  the  special  order  of  the  day  for  to-morrow,  at 
one  o'clock,  p.  m.,  and  were  ordered  to  be  printed. 


24  Journal  of  the 

On  motion  of  Mr.  Quattlebaum,  it  was 

/.'  ./,-,,/,  That  a  Committee  of  three  be  appointed  to 
receive  proposals  for  printing  the  proceedings  of  this  Con- 
vention, and  that  they  report  thereon  an  soon  as  practica- 
ble. 

Whereupon,  the  President  appointed  the  following  gen- 
tlemen, of  the  Committee: 

Messrs.  Paul  Quattlebaum, 
T.  Y.  Simons,  Jr., 
J.  II.  Kinsler. 

Mr.  Magrath  offered  the  following  resolution  : 

Resolved,  That  so  much  of  the  Message  of  the  President 
of  the  United  States  as  relates  to  what  he  designates  "the 
property  of  the  United  States  in  South  Carolina,"  be  re- 
ferred to  a  committee  of  to  report,  of  what  such  prop- 
erty consists,  how  acquired,  and  whether  the  purpose  for 
which  it  was  so  acquired  can  be  enjoyed  by  the  United 
States  after  the  State  of  South  Carolina  shall  have  seceded, 
consistently  with  the  dignity  and  safety  of  the  State;  and 
that  the  said  committee  further  report  the  value  of  the 
property  of  the  United  States  not  in  South  Carolina ;  and 
the  value  of  the  share  thereof  to  which  South  Carolina 
would  be  entitled  upon  an  equitable  division  thereof  among 
the  United  States. 

On  motion  of  Mr.  Orr,  the  resolution  was  made  the 
special  order  of  the  day  for  to-morrow,  at  one  o'clock,  p.  m., 
and  were  ordered  to  be  printed. 

Mr.  De  Treville  offered  the  following  resolution  : 

Resolved,  That  it  is  expedient  that  a  Council,  to  consist 
of  five  citizens  of  the  State,  to  act  with  the  Governor  of 
the  State  as  his  counsellors  and  advisers,  and  to  be  called  a 
Council  of  Safety,  should  be  forthwith  appointed;  and  that 


Convention  of  1860.  25 

it  be  referred  to  a  committee  of  this  Convention  to  report 
thereon,  by  ordinance  or  otherwise. 

On  motion  of  Mr.  Orr,  the  resolution  was  made  the  spe- 
cial order  of  the  day  for  to-morrow,  at  one  o'clock,  p.  m., 
and  was  ordered  to  be  printed. 

Mr.  J.  I.  Middleton  offered  the  following  resolution  : 

Resolved,  That  the  President  be  authorized  to  appoint 
an  Assistant  Clerk. 

Mr.  Means  moved  to  amend  the  resolution  by  adding  the 
words:  "whenever  it  shall  become  necessary. " 

The  amendment  was  accepted  by  the  mover  of  the  reso- 
lution, 

When,  on  motion  of  Mr.  Reed,  the  resolution,  as  amended, 
was  ordered  to  lie  on  the  table. 

The  President  stated  that  since  the  adjournment  of  the 
Convention  at  Columbia,  he  had  received  a  communication 
from  the  State  of  Georgia,  with  a  request  to  present  it  to 
the  Convention. 

On  motion  of  Mr.  Withers  it  was  ordered  that  the  com- 
munication be  laid  on  the  table. 

The  President  announced  the  following  gentlemen  as  the 
Committee  appointed  under  a  resolution  offered  by  the 
member  from  Chesterfield,  (Mr.  Inglis,)  to  draft  an  Ordi- 
nance proper  to  be  adopted  by  the  Convention,  viz : 

Messrs.  John  A.  Inglis, 
R.  B.  Rhett, 
James  Chesnut,  Jr., 
James  L.  Orr, 
Maxcy  Gregg, 
B.  F.  Dtinkin, 
W.  F.  Ilutson, 

On  motion  of  Mr.  Simons,  it  was 

Resolved,  That  when  this  Convention  adjourns,  it  shall  be 
adjourned  to  meet  to-morrow,  at  eleven  o'clock,  a.  m. 


20 


Journal  of  tiie 


On  motion  of  Mr.  Simons,  the  Convention  was  adjourned 
at  four  minutes  past  five  o'clock,  p.  m. 

B.   F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,  DECEMBER  19,  1860. 

Pursuant  to  the  action  of  the  Committee,  appointed  to 
make  arrangements  for  providing  another  Hall  for  the  use 
of  the  Convention,  the  Convention  assembled  at  St.  An- 
drew's Hall  ;  the  President  took  the  Chair,  and  the  proceed- 
ings were  opened  with  prayer  by  Iiev.  William  Curtis. 

The  Clerk  called  the  roll,  and  the  following  Delegates 
answered  to  their  names  : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Buchanan, 
(Jain, 
Calhoun, 
( !an>pbell, 
Cam, 
Carlisle, 
Caughman, 
Cauthen, 


Charles, 

Cheves, 

Clarke, 

( Jonner, 

Crawford, 

Curtis, 

]  )argan, 

Davis, 

De  Saussure, 

De  Treville, 

Dozier, 

Duncan, 

Dunkin, 

PuPre, 

Easley, 

Englishj 

Evans, 

Finley, 

Forster, 

Foster, 

Frampton, 

Furman, 

Flud, 


Convention  of  1860. 


27 


Gadberrry, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  X. 

Green, 

Gregg,  Maxcy 

Gregg,  William 

G-risham, 

Hammond, 

Hanckel, 

Harllee, 

Harrison, 

Ilayne, 

Henderson, 

Honour, 

Hopkins, 

llntson, 

Inglis, 

Ingram, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Ivilgore, 

Landrum, 

Lyles, 

Logan, 

Lawton, 

Mclver, 

McKee, 

MeLeod, 

Magrath, 

Manigault, 

Mauldin, 

Mayes, 

Means, 

Middleton,  J.  Izard 

Middleton,  yf. 

Miles, 

Moore, 

Noble, 

Nowell, 


O'Hear, 

Orr, 

Palmer, 

Parker. 

Perrin, 

Pope, 

Porelier, 

Pressley, 

Quattlebaum, 

Peed. 

Rhodes, 

Richardson,  F.  D. 

Robinson, 

Rutledge, 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  W.  P. 
Shingler,  J.  M. 

Simons, 

Simpson, 

Snivlv, 

Smith, 

Spratt, 

Snowaen, 

Spain, 

Stokes, 

Sims, 

Scott, 

Thompson,  P.  A. 

Thomson,  Thomas 

Timmons, 

Wagner, 

Wardlaw,  F.  H. 

Wannamaker, 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  J.  II. 

Wilson.  W.  B. 

Withers, 

Woods, 

Young. 


28  Journal  of  the 

The  Journal  of  yesterday's  proceedings  was  read 
The  Presided 

communication  : 


The   President  laid  before  the  Convention  the  following 


Post  Office,  Charleston, 

December  19, 1860. 
T.  Y.  Simons,  Esq.— 

Dear  Sir :  I  send  herewith  a  package  containing  letters 
for  Delegates  to  the  Convention,  and  I  ask  the  favor  of  you 
to  announce  that  it  will  give  me  great  pleasure  to  have  all 
matter  for  members  of  that  body  placed  in  your  hands  at 
the  opening  of  the  Convention  on  each  succeeding  day. 

Also,  that  a  clerk  from  this  office  will  be  in  attendance  at 
your  desk  at  half-past  twelve  every  afternoon,  to  receive 
such  letters  as  gentlemen  of  the  Convention,  or  their  guests, 
may  wish  to  have  mailed  for  other  places. 

Very  respectfully,  your  fellow  citizen, 

ALFRED  IIUGER,  P.  M. 

The  President  laid  before  the  Convention  the  following 
communication  : 

Charleston,  Dec,  19,  1860. 
To  the  Hon.  D.  F.  Jamison,  President  of  the 

Convention  of  the  State  of  South  Carolina  : 

Sir  :  On  the  night  of  the  17th  instant,  after  the  adjourn- 
ment of  the  Convention  at  Columbia,  I  received  from  his 
Excellency,  the  Governor  of  the  State  of  Alabama,  a  des- 
patch, by  telegraph,  of  that  date,  and  which  I  herewith 
enclose,  and  have  the  honor  to  request  may  be  read  and 
submitted  to  the  Convention  as  directed  by  his  Excellency, 
Gov.  Moore. 

Permit  me  to  assure  the  Convention  that  in  making  this 
communication,  his  Excellency,  Gov.  Moore,  offers  it  in  no 
spirit  of  dictation,  but  as  the  friendly  counsel  and  united 
voice  of  the  true  men  of  Alabama,  for  the  consideration  of 
this  Convention,  and  in  the  same  spirit  of  consultation  and 
conference  which  impelled  him  to  send  a  Commissioner  to 
this  and  the  other  Southern  States. 


Convention  of  1860.  29 

"With  sentiments  of  the  highest  respect  for  the  Conven- 
tion and  for  yourself, 

I  am,  your  obedient  servant, 

J.  A.  ELMORE. 

The  despatch  referred  to  is  as  follows : 

Montgomery,  Dec.  17,  1860. 
To  John  A.  Elmore  : 

Tell  the  Convention  to  listen  to  no  propositions  of  com- 
promise or  delay. 

A.  B.  MOORE. 

On  motion   of  Mr.  D.   L.  Wardlaw,  the  communication 
was  referred  to  the  Committee  on  the  Southern  Address. 
Mr.  Reed  offered  the  following  resolutions  : 

1.  Ordered,  That  the  President  appoint  a  Cashier  and 
Deputy  Cashier. 

2.  Ordered,  That  the  Clerk  act  as  Reading  Clerk,  and 
also  superintend  such  printing  as  the  Convention  may 
order. 

3.  Ordered,  That  the  reporters  for  the  public  journals  be 
allowed  access  to  the  Hall  for  the  purpose  of  reporting. 

4.  Ordered,  That  the  regular  hour  of  meeting  shall  be 
ten  o'clock,  a.  m.,  subject  to  special  orders  tixing  some 
other  time. 

5.  Ordered,  That  there  be  printed,  for  the  use  of  the  Con- 
vention, an  alphabetical  list  of  the  names  of  the  members, 
and  also  a  list  of  the  names  arranged  according  to  State 
Election  Divisions,  with  their  Post  Offices. 

6.  Ordered,  That  the  journal  of  each  day's  proceedings 
be  printed,  and  laid  on  the  tables  of  members,  before  the 
hour  of  meeting. 

Resolved,  That  the  rules  adopted  for  the  government  of 
the  Convention,  be  published  with  the  journal  of  this  day's 
proceedings. 


30  Journal  of  the 

Mr.  Quattlcbaum  moved  to  divide  flic  question,  so  as  to 
take  the  vote  on  each  separately. 

Mr.  Inglis  moved  to  amend  the  third  order  by  adding  the 
words  "  newspapers  in  this  State." 

Mr.  F.  II.  Wardlaw  moved  to  amend  the  third  order  by 
adding  the  words  "  one  reporter  for  each  newspaper." 

Mr.  Cheves  moved  to  amend  by  requesting  the  President 
to  make  such  arrangements  on  the  subject  as  to  him  might 
seem  proper. 

The  consideration  of  the  resolutions  was  suspended,  and 

Mr.  Manning  moved  that  a  bar  be  erected  at  the  head  of 
the  stairs,  and  a  sergcant-at-arms  appointed,  so  that  mem- 
bers might  have  convenient  access  to  the  Hall. 

After  some  debate,  it  was  ordered  that  the  duty  of  mak- 
ing arrangements  for  convenient  access  to  the  Hall  be  en- 
trusted to  the  Charleston  Delegation. 

On  motion  of  Mr.  Dargan,  the  Convention  resumed  the 
consideration  of  the  resolutions  offered  by  Mr.  Reed. 

Mr.  Dargan  moved  to  strike  out  the  third  resolution,  and 
insert  the  following  : 

Ordered,  That  the  President  be  authorized  to  issue  tick- 
ets of  admission  to  such  reporters  of  newspapers  as  he  may 
deem  proper. 

The  amendment  was  adopted. 

Mr.  Reed  withdrew  the  fourth  order. 

On  motion  of  Mr.  Dargan,  the  sixth  order  was  laid  on 
the  table. 

The  resolutions,  as  amended,  were  adopted. 

On  motion  of  Mr.  I).  L.  Wardlaw,  the  communication 
from  a  portion  of  the  members  of  the  Legislature  of  the 
State;  of  Georgia  was  taken  up  from  the  table,  and  was 
referred  to  the  Committee  on  the  Southern  Address. 

Mr.  Cauthen  stated  that  his  colleague,  Mr.  1).  P.  Robin- 
son, was  absent  from  indisposition,  when  the  vote  was  taken 
on  the  resolution  declaring  it  to  be  the  sense  of  the  Con- 
vention that  the  State  of  South  Carolina  should  forthwith 


Convention  of  1860.  31 

secede  from  the  Federal  Union,  and  asked  that  he  might 
now  be  permitted  to  record  the  vote  he  would  have  given 
if  present. 

Whereupon,  Mr.  Robinson  being  called,  answered  "  aye."' 

Messrs.  B.  H.  Rutledge,  John  L.  Manning,  L.  M.  Aver, 
T.  M.  Hanckel,  and  II.  I).  Green,  asked  to  record  the  vote 
they  would  have  given,  if  present,  on  the  same  resolution; 
and  these  gentlemen  being  called,  respectively,  answered 
"aye." 

Mr.  Quattlebaum,  from  the  Committee  on  Printing,  made 
the  following  report,  which  was  considered  immediately  and 
was  agreed  to : 

The  Committee,  appointed  to  receive  proposals  for  print- 
ing for  the  Convention  of  South  Carolina,  have  to  report, 

That  they  have  received  an  offer  from  Messrs.  Evans  & 
Cogswell,  to  do  "all  the  work  to  be  done,  in  style  and 
quality  fully  equal  to  that  done  for  the  State,  by  the  Printer 
in  Columbia,  at  the  same  proportionate  rates  of  compensa- 
tion as  is  paid  to  the  Printer  to  the  State  Senate." 

The  Committee,  believing  Messrs.  Evans  &  Cogswell  to 
be  reliable,  and  that  they  will  do  the  work  as  stated,  recom- 
mend the  adoption  of  the  following  resolutions: 

Resolved,  That  Messrs.  Evans  &  Cogswell  be  appointed 
Printers  to  this  Convention  while  it  holds  its  sittings  in 
Charleston. 

Mesolced,  That  the  Committee  appointed  to  receive  pro- 
posals for  Printing,  be  continued  as  a  Standing  Committee, 
and  that  one  of  its  duties  be  to  supervise  the  printing  of 
this  Convention. 


SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
following  resolutions,  which  bad  been  made  the  special 
order  of  the  day  for  this  day,  at  one  o'clock,  p.  M.  : 

Resolced,    That  the  President  do  appoint  four  Standing 


32  Journal  op  the 

Committees  for  this  Convention,  eaeli  consisting  of  seven, 
aa  follows  : 

1.  A  Committee  on  Relations  with  the  Shareholding 
States  .it'  North  America; 

2.  A  Committee  on  Foreign  Relations; 

3.  A  Committee  on  Commercial  Relations; 

4.  A  Committee  on  the  Constitution  of  the  State. 

Mr.  Smith  moved  to  amend  the  third  clause  of  the  reso- 
lution by  adding  the  words  "and  Postal  Arrangements  ;" 
which  amendment  was  accepted  by  the  mover  of  the  reso- 
lution. 

Mr.  Mazyck  moved  to  strike  out  the  number  seven,  and 
insert  thirteen  ;  which  amendment  was  also  accepted  by  the 
mover  of  the  resolution. 

Mr.  W.  13.  Wilson  moved  to  add  an  additional  section, 
providing  for  a  separate  Committee  on  Postal  Arrange- 
ments. 

Mr.  Maxcy  Gregg  moved  to  amend  the  second  clause  of 
the  resolution  by  adding  the  words  "with  other  States." 
Mr.  Gregg  withdrew  his  amendment. 

On  motion  of  Mr.  Calhoun,  the  question  was  divided; 
and  the  Resolutions  were  finally  adopted  in  the  following 
form : 

Resolved,  That  the  President  do  appoint  four  Standing 
Committees  for  this  Convention,  each  consisting  of  thir- 
teen as  follows : 

1.  A  Committee  on  Relations  with  the  Slaveholding 
States  of  North  America. 

2.  A  Committee  on  Foreign  Relations. 

3.  A  Committee  on  Commercial  Relations  and  Postal 
Arrangements. 

4.  A  Committee  on  the  Constitution  of  this  State. 


SPECIAL  ORDER. 
The   Convention  proceeded  to  the  consideration  of  the 


Convention  of  1860.  33 

following  Resolution,  which  had  been  made   the  special 
order  of  the  day  for  this  day,  at  one  o'clock,  p.  M.  : 

Resolved,  That  so  much  of  the  Message  of  the  President 
of  the  United  States  as  relates  to  what  he  designates  "the 
property  of  the  United  States  in  South  Carolina,"  be  refer- 
red to  a  Committee  of  to  report,  of  what  such  prop- 
erty consists  ;  how  acquired;  and  whether  the  purpose  for 
which  it  was  so  acquired,  can  be  enjoyed  by  the  United 
States  after  the  State  of  South  Carolina  shall  have  seceded, 
consistently  with  the  dignity  and  safety  of  the  State.  And 
that  said  committee  further  report  the  value  of  the  prop- 
erty of  the  United  States  not  in  South  Carolina  ;  and  the 
value  of  the  share  thereof  to  which  South  Carolina  would 
be  entitled  upon  an  equitable  division  thereof  among  the 
United  States. 

On  motion  of  Mr.  Ilarllee,  the  blank  was  tilled  with  the 
number  thirteen. 

Mr.  W.  P.  Shingler  moved  to  amend  the  Resolution  by 
requiring  the  committee  to  report  the  debt,  as  well  as  the 
property  of  the  United  States. 

*  On  motion  of  Mr.  Ilarllee,  the  amendment  was  ordered 
to  lie  on  the  table. 

The  Resolution  was  agreed  to. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
following  Resolution,  which  had  been  made  the  special 
order  of  the  day  for  this  day,  at  one  o'clock,  p.  m.  : 

Resolved,  That  it  is  inexpedient  that  a  Council,  to  consist 
of  five  citizens  of  the  State,  to  act  with  the  Governor  of  the 
State  as  his  counsellors  and  advisers,  and  to  be  called  a 
Council  of  Safety,  should  be  forthwith  appointed ;  and  that 
it  be  referred  to  a  committee  of  this  convention  to  report 
thereon,  by  ordinance  or  otherwise. 
2 


34  Journal  of  Tin- 

On  mo  don  of  Mr.  DeTreviUe,  the  special  order  was  dis- 
charged, and  \va-  made  the  special  order  of  the  day  for  to- 
morrow, at  one  o'clock,  P.  m. 

Mr.  Memrainger  offered  the  following  Resolution,  which 
was  considered  immediately,  and  was  agreed  to: 

"Resolved^  That  a  Committee,  to  consist  of  seven  members, 
be  appointed  to  draft  a  summary  statement  of  the  causes 
which  justify  the  secession  of  South  Carolina  from  the  Fed- 
eral Union. 

Mr.  Dunkin  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  it  he  referred  to  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements,  to  impure  and 
report  what  measures  of  a  temporary  or  permanent  nature, 
or  both,  it  may  be  proper  to  adopt  in  reference  to  Custom 
House  and  Postal  Arrangements,  in  consequence  of  the 
contemplated  withdrawal  of  South  Carolina  from  the  Union. 

Mr.  TTayne  offered,  the  following  resolutions  : 
Whereas,  the  causes  which  have  produced  the  separation 
of  South  Carolina  from  the  Federal  Union,  have  emanated 
from  the  States  north  of  Mason  and  Dixon's  line,  using 
hireling  labor  only;  and,  whereas,  it  has  not  been  against 
the  Constitution  of  the  United  States  that  South  Carolina 
has  opposed  her  sovereignty,  hut  the  usurpations  o\'  a  gov- 
ernment in  violation  of  this  instrument  : 

Resolved,  That  a  Commissioner  be  sent  to  each  of  the 
shareholding  States,  bearing  a  copy  of  the  Ordinance  of 
Secession,  and  proffering  to  such  State,  or  any  one  or  more 
of  them,  the  existing  Constitution  of  the  United  States  as 
the  basis  of  a  Provisional  Government,  to  be  adopted  on 
the  part  of  South  Carolina,  and  any  other  slaveholding 
State  or  States,  which,  after  seceding  from  the  present  Fed- 
eral  Union,   shall  be  willing  to  unite  with  South  Carolina 


Convention  of  1860.  35 

in  the  formation  of  a  new  Confederacy ;  and  we  do  hereby 
ratify  and  confirm,  from  the  date  thereof,  any  action  taken 
by  such  Commissioner,  or  Commissioners,  by  and  with  the 
consent  of  the  Governor  of  South  Carolina,  in  the  forma- 
tion of  such  Provisional  Union ;  and  we  do  further  earn- 
estly recommend  that  in  days  after  two  or  more 
States,  in  addition  to  South  Carolina,  shall  have  acceded  to 
the  said  Provisional  Union,  an  election  shall  be  held  for 
Senators  and  members  of  the  House  of  Representatives  of 
the  new  Congress,  and  President  and  Vice  President  of  the 
new  Confederacy. 

Resolved,  That  three  Commissioners  be  appointed  to 
carry  an  authenticated  copy  of  the  Ordinance  of  Secession 
to  Washington,  to  be  laid  before  the  President  of  the 
United  States,  with  the  request  that  the  same  shall  be  com- 
municated to  the  Congress  now  in  session;  and  said  Com- 
missioners are  hereby  authorized  and  empowered  to  treat 
for  the  delivery  of  the  Forts,  Magazines,  Light  Houses, 
and  other  real  estate,  and  all  appurtenances  thereto,  within 
the  geographical  limits  of  South  Carolina,  the  authority  to 
treat  upon  these  subjects  to  be  extended  to  the  day 

of  February,  which  shall  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one;  provided,  in  the 
meantime,  the  said  Forts,  Magazines,  and  other  places,  are 
allowed  to  remain  in  the  condition  in  which  they  may  be 
at  the  adoption  of  this  Ordinance;  and  they  shall  be  fur- 
ther empowered  to  treat  upon  the  subject  of  the  public 
debt,  and  for  a  proper  division  of  all  other  property  than 
the  above,  now  held  by  the  Government  of  the  United 
States,  as  agent  of  the  States  now  embraced  in  said  Con- 
federacy, until  such  time  as  a  new  Confederacy  of  States 
shall  be  formed,  of  which  South  Carolina  shall  be  one. 

On  motion  of  Mr.  Hayne,  the  first  resolution  was  re- 
ferred to  the  Committee  on  Relations  with  the  slaveholding 
States  of  North  America,  and  was  ordered  to  be  printed. 

Mr.  Inglis  moved  that  the  second  resolution  be  laid  on 
the  table. 


Journal  oi  the 

Mi-,  [ngiia  withdrew  his  motion. 

On  motion  of  Mr.  Eayne,  the  second  resolution  was 
referred  to  the  Committee  on  Foreign  Relations,  and  was 

ordered  to  be  printed. 

Mr.  Mcinminger  offered  the  following  resolutions: 

1.  Resolved,  That  a  Commission,  to  consist  of  three  per- 
sons, be  elected  by  ballot  of  this  Covention,  to  proceed  to 
Washington,  to  negotiate  with  the  United  States,  acting 
through  their  General  Government,  as  to  the  proper  mea- 
sures and  arrangements  to  be  made  or  adopted  in  the 
existing  relations  of  the  parties,  and  for  the  continuance  of 
peace  and  amity  between  them. 

2.  Resolved,  That  five  persons  be  elected  by  this  Conven- 
tion, by  ballot,  who  shall  be  authorized  to  meet  such  Depu- 
ties as  may  be  appointed  by  any  other  slaveholding  State, 
for  the  purpose  of  organizing  or  forming  a  Southern  Con- 
federacy, with  power  to  discuss  and  settle  a  Constitution  or 
plan  of  Union,  to  be  reported  to  the  said  States  for  their 
ratification,  amendment  or  rejection.  That  the  said  Depu- 
ties shall  invite  a  meeting  at  Columbia,  or  at  such  other 
place  as  may  be  agreed  upon  among  the  Deputies  of  the 
several  States,  and  shall  report  to  this  Convention  such 
Constitution  or  Articles,  as  may  be  agreed  on  by  said 
Deputies. 

On  motion  of  Mr.  Memminger,  the  first  of  these  resolu- 
tions was  referred  to  the  Committee  on  Foreign  Relations; 
and  the  second  resolution  to  the  Committee  on  Relations 
with  the  slaveholding  States  of  North  America. 

The  resolutions  were  ordered  to  be  printed. 

On  motion  of  Mr.  Ilutson,  it  was  ordered  that  when  the 
Convention  adjourns,  it  shall  be  adjourned  to  meet  to-mor- 
row, at  twelve  o'clock,  m. 

Mr.  Mazyck  offered  the  following  resolution,  which  was 
made  the  special  order  of  the  day  for  to-morrow,  at  one 
o'clock,  p.  m.,  and  was  ordered  to  be  printed: 

Resolved,  That  a  Committee,  to  consist  of  mem- 


Convention  of  1860.  37 

bers,  be  appointed,  whose  duty  it  shall  be  to  inquire  and 
report  to  this  Convention  how  much  of  the  legislation  of 
Congress  would  be  ipso  facto  abrogated  so  for  as  this  State 
is  concerned,  by  the  secession  of  the  State  from  the  Fede- 
ral Union,  and  how  much  of  it  might  remain  of  force,  not- 
withstanding the  act  of  secession. 

On  motion  of  Mr.  Orr,  the  Convention  was  adjourned  at 
forty-five  minutes  past  four  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


RULES 

OF    THE 

CONVENTION   OF   DECEMBER   17,    1860. 


Rule  1.  The  President  and  eighty-four  members  shall  1  e 
a  quorum  to  transact  business. 

2.  If  any  member  shall  absent  himself  without  leave,  he 
may  be  sent  for  at  his  own  expense,  and  be  subject  to  the 
censure  of  the  Convention. 

3.  No  member  shall  speak  more  than  twice  to  the  same 
point  without  leave  of  the  Convention. 

4.  Each  member,  when  speaking,  shall  address  himself 
to  the  Chair,  standing  and  uncovered,  at  his  place. 

5.  If  two  members  rise  to  speak  nearly  at  the  same  time, 
the  President  shall  decide  which  was  first  up. 

6.  Every  member,  when  speaking,  shall  adhere  to  the 
point  before  the  Convention,  and  shall  not  be  interrupted 
unless  he  departs  from  it,  when  he  may  be  called  to  order. 

7.  When  a  question  of  order  arises,  it  shall  be  decided 
by  the  President,  in  the  first  instance;  but  any  member 
may  appeal  from  his  determination  to  the  Convention. 

8.  When  a  motion  is  made  and  seconded,  it  shall,  if  re- 
quired by  a  member,  be  reduced  to  writing,  and  delivered 
in  at  the  table. 

9.  When  a  question  is  put  by  the  President,  and  the 
Convention  divides,  the  Clerk  shall,  at  the  request  of  any 
seven  members  present,  take  down  and  enter  on  the  Jour- 
nal the  names  of  all  those   members  who  vote  for  and 


40  Journal  of  the 

against  the  question,  and  cause  them  to  lie  published  in 
any  gazette  of  the  State. 

10.  When  the  President  desires  to  be  heard,  the  mem- 
bers shall  take  their  seals,  and  keen  order  whilst  be  is 
BpeaJring. 

11.  "When  a  motion  is  made  for  adjournment  and  sec- 
onded, ttO  question  shall  be  debated  until  the  Convention 
shall  have  decided  that  motion. 

12.  Motions  to  adjourn,  to  take  a  recess,  to  lav  on  the 
table,  to  postpone  indefinitely,  or  to  a  day  beyond  the  ses- 
sion, to  adjourn  a  debate,  shall  be  decided  without  debate, 
after  such  short  conversations  as  the  President  niav  permit. 

13.  On  points  not  specified  in  the  above  rules,  the  Con- 
vention shall  be  governed  by  the  "rules  of  the  House  of 
Representatives  of  the  General  Assembly  of  South  Caro- 
lina," so  far  as  they  are  applicable. 


Convention  of  1860. 


41 


THURSDAY,  DECEMBER   20.   1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  hy  Rev.  T.  R.  English. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham. 
Brown,  C.  P. 
Brown,  A.  II. 
Buchanan, 
Burnet, 
Cain, 
Calhoun, 
Caldwell. 
Campbell, 
Cam, 
Carlisle. 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davant, 


Davis, 

De  Saussure, 

De  Treville, 

Dozier. 

Duncan, 

Dunkin. 

Dunovant.  .V.  Q. 

Dunovant,  R.  G.  M. 

Du  Pre. 

Easlev. 

Ellis,' 

English, 

Evans. 

Fair, 

Finlev, 

Flud, 

Forster. 

Foster. 

Frampton, 

Furman, 

Gradbeny, 

Garlington, 

Geigvr. 

Gist. 

Glover, 

Goodwin, 

Gourdin,  R.  X. 

Gourdin,  T.  L. 

Green, 

Gregg.  Maxcy 

Gregg.  William 

Grishani. 

Hammond, 

Hanckel, 

Harllee. 

Harrison, 


42 


Journal  of  the 


IIllVIIC 

Henderson, 

I  [ononr, 

I  [opkins, 

Hunter, 

I  [uteon, 

[nglis, 

[ngram, 

Jackson, 

Jefteries, 

Jenkins,  John 

Jenlqns,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Lyles, 

McCrady, 

Mclver, 

McKee, 

MoLeod, 

Magrath, 

Manigault, 

Manning, 

Maul  din, 

Maxwell, 

Mayes. 

Mazyck, 

Means, 

Memminger, 

Middleton,  J.  I. 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nbwell, 

O'llear, 

Orr, 


Palmer, 
Parker, 

I  Yrrin, 

Pdpe, 

I  'orcher, 

Pressly, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W,  1\ 

Simons, 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Sprat  t, 

Springs, 

Stokes, 

Sims, 

Thompson.  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wainianiakor, 

Wardlaw,  D.  L. 

Wardlaw,  F.  II. 

Watts, 

Wier, 

Wliitner, 

Williams, 


Convention  of  1860.  43 

Wilson,  I.  D.  Withers, 

Wilson,  J.  H.  Woods, 

Wilson,  W.  B.  Young. 

The  Journal  of  yesterday's  proceedings  was  read. 
Mr.  Read  offered  the  following  resolution : 

Resolved,  That  the  Mayor  of  the  City  of  Charleston  be 
invited  to  a  seat  on  the  floor  of  the  Convention. 

Mr.  Means  moved  that  the  resolution  be  amended  so  as 
to  include  in  the  invitation  the  Governor,  the  President  of 
the  Senate,  and  the  Speaker  of  the  House  of  Representa- 
tives. 

The  amendment  was  accepted  by  the  mover  of  the  reso- 
lution ;  and  the  resolution,  as  amended,  was  adopted. 

The  President  announced  the  following  Committees: 

Committee  to  draft  a  summary  statement  of  the  causes 
which  justify  the  secession  of  South  Carolina: 

Messrs.  C.  G.  Mcmminger, 
F.  H.  Wardlaw, 
R.  W.  Barnwell, 
J.  P.  Richardson, 
B.  H.  Rutledge, 
J.  E.  Jenkins, 
P.  E.  Duncan. 

Committee  ou  so  much  of  the  Message  of  the  President 
of  the  United  States  as  relates  to  the  claim  of  property  of 
the  United  States  within  the  limits  of  South  Carolina: 

Messrs.  A.  G.  Magrath, 
L.  M.  Keitt, 
J.  P.  Carroll, 
W.  W.  Harllee, 
J.  H.  Wilson, 
R.  G.  M.  Dunovant, 
W.  II.  Campbell, 


41  Journal  of  the 

Messrs,  J.  P.  Reed, 
W.  Bopkii 

W.  s.  LyL   . 

G.  W.  Beabrook,  Br., 

J.  J.  Ingram, 

E.  M.  Clarke. 

Coniniittec  on  Relations  \\hli  the  slaveholding  States  oi 
North  America: 

Messrs.  T.  J.  Withers, 

J.  II.  Means, 
J.  L.  Manning, 
J.  Townsend, 

II.  C.  Young, 
A.  Mazyck, 
L.  M.  Ayer, 
W.  13.  Wilson, 
T.  R.  English, 
S.  Fair, 
11.  J.  Davant, 
J.  M.  Gadberry, 

E.  St  T.  Bellinger. 

Committee  on  Foreign  Relations: 

Messrs.  W.  F.  Miles, 
J.  II.  Adams, 
W.  II.  (list, 

F.  I).  Richardson, 
L.  \Y.  Sj.ratt, 
Win.  Cain, 

T.  L.  Gourdin, 
A.  W.  Burnet, 

G.  Maniganlt, 
E.  Noble, 

J.  S.  O'Hear, 
J.  D.  Pope, 
E.  W.  Charles. 


Convention  of  1860.  4") 

Committee  on  Commercial  Relations  and  Postal  Ar- 
rangements : 

Messrs.  B.  F.  Bnnkin, 
E.  McCrady, 
H.  W.  Conner, 
R.  N".  Gourdin, 
J.  L.  No  well, 
T.  I).  Wagner, 
Wm.  Gregg, 
J.  J.  P.  Smith, 
J.  Jenkins, 
W.  Middleton, 
A.  H.  Brown, 
E.  M.  Seabrook, 
R.  F.  Simpson. 

Committee  on  the  Constitution  of  the  State : 

Messrs.  D.  L.  Wardlaw, 
J.  H".  Whitner, 
T.  W.  Glover, 

I.  W.  llayne, 
R.  De  Treville, 
J.  A.  Dargan, 
T.  Thomson, 
J.  Buchanan, 
A.  C.  Spain, 

II.  Mclver, 
T.  C.  Perrin, 
W.  D.  Johnson, 
J.  B.  Kershaw. 

The  President  announced  that  Mr.  R.  C.  Logan  is  ap- 
pointed Cashier,  and  Mr.  J.  G.  Pressley  Deputy  Cashier, 
of  the  Convention. 

Mr.  Rhett  offered  the  following  resolution : 

Resolved,  That  a  Committee  of  Thirteen  be  appointed  to 
report  to  this   Convention    an    Ordinance   proposing  and 


4G  Journal  of  tiie 

providing  for  the  assemblage  of  a  Convention  of  the  slave- 
holdinff  States  of  the  United  States  to  form  the  Constitu* 
thin  of  a  Boutheni  Confederacy. 

On  motion  of  Mr.  F.  II.  Wardlaw,  the  resolution  was 
referred  to  the  Committee  on  the  sloveholding  States  of 
North  America. 

Mr.  Inglis.  from  the  Committee  appointed  to  prepare  an 
Ordinance  proper  to  be  adopted  by  the  Convention,  pre- 
sented the  following 

REPORT: 

The  Committee  appointed  to  prepare  a  draft  of  an  Ordi- 
nance proper  to  he  adopted  by  the  Convention  in  order  to 
effect  the.  secession  of  South  Carolina  from  the  Federal 
Union,  respectfully  report, 

That  they  have  had  the  matter  referred  under  considera- 
tion, and  believing  that  they  would  best  meet  the  exigen- 
cies of  the  great  occasion,  and  the  just  expectations  of  the 
Convention,  by  expressing,  in  the  fewest  ami  simplest 
words  possible  to  be  used,  consistently  with  perspicuity,  all 
that  is  necessary  to  effect  the  end  proposed  and  no  more, 
and  so  excluding  everything,  which,  however  proper  in 
itself,  for  the  attention  and  action  of  the  Convention,  is  not 
a  necessary  part  of  the  solemn  act  of  secession,  but  may, 
at  least,  be  as  well  effected  by  a  distinct  Ordinance  or  reso- 
lution, they  submit  for  the  consideration  of  the  Conven- 
tion the  accompanying  brief  draft: 

AN  ORDINANCE 

To  dissolve  the  Union  between  the  State  of  South  Carolina 
and  other  States  united  with  her  under  the  compact 
entitled  "The  Constitution  of  the  United  States  of 
America." 

We,  the  Pcojrfe  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  ami 
ordained, 
That  the   Ordinance  adopted  by  us  in   Convention,  on 


Convention  of  18G0. 


47 


the  twenty-third  day  of  May,  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  eighty-eight,  whereby  the 
Constitution  of  the  United  States  of  America  was  ratified, 
and  also  all  Acts,  and  parts  of  Acts,  of  the  General  Assem- 
bly of  this  State,  ratifying  amendments  of  the  said  Con- 
stitution, are  hereby  repealed ;  and  that  the  union  now 
subsisting  between  South  Carolina  and  other  Slates,  under 
the  name  of  "The  United  States  of  America,"  is  hereby 
dissolved. 

Mr.   Spain  moved  that  business  be  suspended  for  fifteen 
minutes  ;  which  motion  was  not  agreed  to. 

The  question   being  put,  will  the  Convention  adopt  the 
Ordinance?  it  passed  in  the  affirmative; 
Yeas,  169  ;  Nays,  none. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 

lion.  D.  F.  Jamison,  President:  and 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Buchanan, 
Burnet, 
Cain, 
Calhoun. 
Caldwell, 
Campbell, 
Cam, 
Carlisle, 


Carroll. 

Caughman, 

Cauthen, 

Charles, 

( Jhesnut, 

Cheves, 

Clarke. 

Conner, 

Crawford, 

Curtis, 

Dargan, 

Davant, 

Davis. 

De  Saussure, 

De  Treville, 

Dozier, 

Duncan. 

Dunkin, 

Dunovanl.  A.  Q. 

Dunovant,  R.  (i.  M. 

Du  Pre, 

Easlev, 

Ellis," 

English, 


is 


Journal  of  hie 


: 

Fin]     . 

Flud, 

Forster, 

Fog 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geig 

i 

Glover, 

( roodwin, 

( rourdin,  \l.  X. 

Gourdin,  T.  L. 

( rr  sen, 

Gregg,  Maxcy 

1      igg,  William 

( h  isnam, 

Hammond, 

I  [anckel, 

Harllee, 

Harrison, 

!  \  :\  lie, 

iderson, 
Honour, 
Hopkins, 
1  [nnter, 
Hutsou, 
[nglis, 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  .).  E; 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrum, 
Lawton, 
Lewis, 


an, 
Lv 

Mc(  'rady, 
Mclver, 
McKee, 
McLeod, 
Magrath, 
Manigault, 
Manning, 
Maul  din, 
Maxwell. 
Mayes. 
Mazyck, 
Means, 
Memminger, 
Middleton,  John  Izard 
Middleton,  W. 
Miles, 
Moore, 
Moormanj 
Noble, 
Nowell, 
( >'IIear, 

Orr, 

Palmer, 

Parker, 

Pen-in, 

Pope, 

Porcher, 

Press  ley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  V. 

Robinson, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  W.  P. 


Convention  of  1860.  49 


Stringier,  J.  M. 

Townsend, 

Simons, 

Wagner, 

Simpson, 

Wannamaker, 

Sinylv, 

Wardlaw,  D.  L. 

Smith, 

Wardlaw,  F.  II 

Snowden, 

Watts, 

Spain, 

Wier, 

Spratt, 

Whitner, 

Springs, 

Williams, 

Stokes, 

Wilson,  I.  I). 

Sims, 

Wilson,  J.  II. 

Thompson,  P.  A. 

Wilson,  W.  13. 

Thomson,  Thomas 

Withers, 

Timmons, 

Woods, 

Tompkins, 

Young. 

On  motion  of  Mr.  Miles,  it  was  ordered  that  the  Clerk 
telegraph  forthwith  to  our  members  of  Congress  in  Wash- 
ington the  result  of  the  vote  and  the  Ordinance  of  Seces- 


sion. 


Mr.  De  Saussure  offered  the  following  resolutions,  which 
were  considered  immediately,  and  were  agreecj  to: 

Resolved,  That  a  message  be  sent  to  His  Excellency  the 
Governor,  and  to  both  branches  of  the  Legislature,  inviting 
their  attendance  at  the  Institute  Hall,  at  seven  o'clock  thin 
evening;  and  that  this  Convention  move  in  procession  to 
the  Institute  Hall,  ami  there,  at  seven  o'clock,  in  the  pres- 
ence of  the  constituted  authorities  of  the  State,  and  of  the 
People,  sign  the  Ordinance  of  Secession. 

Resolved,  That  the  President  invite  a  member  of  the  rev- 
erend clergy  to  attend  at  Institute  Hall,  at  seven  o'clock, 
this  evening,  and,  upon  the  signing  of  the  Ordinance,  to 
return  thanks  to  Almighty  God,  on  behalf  of  the  People  of 
this  State,  and  to  invoke  His  blessing  upon  our  proceed- 
ings. 

Resolved,  That   the   Ordinance  be  engrossed,   under  the 

direction  of  the  Attorney  General  and  the  Solicitors,  upon 

parchment,  and  signed   by  the  President  and   members  of 

the  Convention  at  the  Institute  Hall,  in  the  alphabetical 

4 


50  Journal  on  the 

order  of  Election  Districts,  and  be  deposited  in  the  archives 
of  the  State. 

Mr.  hwnkiii  offered  the  following  Ordinance,  which  was 
considered  immediately: 

Be  it  ordained,  by  the  People  of  South  Carolina,  by  their 

Delegates  in  Convention  assembled, 

That  until  otherwise  provided  by  the  Legislature,  the 
Governor  shall  be  authorized  to  appoint  Collectors  and 
other  officers  connected  with  the  Customs  for  the  several 

ports  within  the  State  of  South  Carolina,  and  also  all  Post 
Masters  within  the  said  State:  and  that,  until  such  appoint- 
ment shall  have  been  made,  the  persons  now  charged  with 
the  duties  of  the  said  several  offices  shall  continue  to  dis- 
charge the  same,  keeping  an  account  of  the  moneys  received 
and  disbursed  by  them  respectively. 

Mr.  Gadbcrrv  moved  to  amend,  by  striking  out  the  words 
"by  the  Legislature." 

Mr.  Dunkin  accepted  the  amendment. 

Mr.  E.  M.  Seabrook  moved  that  the  Ordinance  be  refer- 
red to  the  Committee  on  Commercial  Relations  and  Postal 
Arrangements. 

Mr.  Seabrook  withdrew  his  motion. 

Mr.  Carroll  moved  that  the  Ordinance  be  made  the  (Spe- 
cial order  of  the  day  for  to-morrow,  at  one  o'clock,  p.  M., 
which  motion  was  not  agreed  to. 

Mr.  Maxcy  Gregg  moved  to  strike  out  all  after  the  ordain- 
ing words,  and  insert  the  following: 

We,  the  people  of  the  State  of  South  Carolina,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained,  that  until  otherwise  provided  for  by 
the  General  Assembly,  the  importation  of  merchandize 
into  this  State  shall  be  free  and  unrestricted;  and  it  shall 
be  the  duty  of  the  Governor  to  make  such  temporary  regu- 
lations as  may  be  requisite,  concerning  the  entry  and  clear-  t 


Convention  of  1860.  51 

ance  of  vessels,  and  to  appoint  such  officers  as  may  be 
needed  for  the  purpose  ;  and  it  shall  be  the  duty  of  the 
General  Assembly  to  provide  proper  compensation  for  all 
officers  whose  appointment  is  required  by  this  Ordinance. 

Section  2.  And  it  is  further  ordained  and  declared  that, 
until  otherwise  provided  for  by  the  General  Assembly,  it 
shall  be  the  duty  of  the  Governor  to  appoint  Post-masters, 
and  to  make  such  temporary  arrangements  as  may  be  re- 
quisite for  the  transportation  of  the  mails,  having  due 
regard  to  mail  contracts  with  the  Government  of  the  United 
States,  now  subsi sting. 

Mr.  J.  I.  Middleton  proposed  the  following  amendment, 
as  an  additional  clause  to  the  Ordinance  : 

And  the  Collectors  of  the  Customs  are  hereby  instructed 
to  levy  and  collect  duties  on  all  goods,  wares  and  merchan- 
dize, at  half  the  rates  heretofore  exacted  by  operation  of 
the  last  Tariff  Act  of  the  United  States  Government,  until 
otherwise  directed  by  law. 

Mr.  Hutson  offered  the  following  amendment  : 

We,  the  people  of  the  Commonwealth  of  South  Carolina, 
in  Convention  assembled,  do  declare  and  ordain,  and  it  is 
luTeby  declared  and  ordained, 

That  until  the  General  Assembly  shall  otherwise  pro- 
vide, all  citizens  of  this  State  now  holding  office  under  the 
Government  of  the  United  States,  within  the  limits  of 
South  Carolina,  be,  and  they  are  hereby  appointed  to  hold, 
under  the  Government  of  this  State,  the  same  offices  they 
now  fill,  with  the  pay  and  the  emoluments  they  now 
receive. 

And  be  it  further  ordained,  that  until  the  General  As- 
sembly shall  otherwise  provide,  the  revenue  and  postal 
laws  of  the  United  States  be,  and  they  are  hereby,  adopted 
and  made  the  laws  of  this  State;  saving  and  excepting  that 
no  duties  shall  be  collected  upon  goods,  wares,  merchan- 


;VJ  JoiKN  LI    OF    TIIK 

dizes  and  productions  imported  from  any  of  the  Blavehold- 
\ms  commonwealths  of  North  America. 

Ami  be  it  further  ordained,  that  all  monies  collected  by 
any  of  the  officers  aforesaid  shall,  after  deducting  the  sums 
jsary  for  the  compensation  of  officers  and  other  expen- 
ses, be  paid  into  the  Bank  of  the  State  of  South  Carolina, 
subject  to  the  order  of  the  General  Assembly. 

Ami  he  it  further  ordained,  that  the  officers  aforesaid 
shall  retain  in  their  hands  all  property  o\'  the  United  States 
in  their  possession,  Custody  and  control,  Bubject  to  the  dis- 
posal of"  the  General  Assembly,  who  will  account  for  the 
same  upon  a  final  settlement  with  the  Government  of  the 
United  States. 

Mr.  A.  H.  Brown  offered  the  following  amendment: 

That  the  Governor  of  the  State  be  empowered  forthwith 
to  collect  duties  on  imports  at  the  rates  now  existing  in  the 
United  States,  and  appoint  Collectors  or  other  recipients  for 
the  same,  and  hold  them  subject  to  the  further  direction  "( 
this  body,  and  also  continue  the  present  Postal  Arrange- 
ments, in  part  contracted  on  our  behalf,  till  further  arrange- 
ments can  be  effected. 

On  motion,  the  ordinance,  and  the  amendments  pro- 
posed, were  ordered  to  be  printed. 

rending  the  debate,  .  % 

On  motion  of  M.T.  Mazy ck,« business  was  suspended  at 
forty-five  minutes  past  three  o'clock,  P.  M.,  till  half-past  six 
o'clock,  P.  m. 

RECESS. 

The  President  resumed  the  chair. 

On  motion  of  Mr.  Rhett,  it  was  ordered,  that  when  the 
Convention  adjourn,  it  shall  be  adjourned  to  meet  to-mor- 
row, at  twelve  o'clock,  m. 

Mr.  DeSaussure  offered  the  following  resolution,  which, 
on  motion  of  Mr.  Bonneau,  was  ordered  to  lie  on  the  table: 


Convention  of  1860.  53 

Itesolced,  That  the  Charleston  Delegates  to  the  Conven- 
tion be  requested  to  cause  an  alteration  to  be  made  in  the 
arrangement  of  the  Hall,  so  that  the  seat  of  the  President 
shall  be  in  the  centre  of  the  Hall,  on  the  south  side,  oppo- 
site to  the  front  entrance ;  and  the  chairs  of  the  members 
be  arranged  on  the  right  hand  and  the  left,  facing  the 
chair,  thus  bringing  the  members  face  to  face,  and  ensuring 
the  chance  of  being  distinctly  heard. 

A  message  was  received  from  the  Senate,  through  their 
Clerk,  Mr.  William  E.  Martin,  informing  the  Convention 
that  the  Senate  ace'epted  the  invitation  of  the  Convention, 
to  attend  the  signing  of  the  Ordinance  of  Secession  at  In- 
stitute Hall,  this  evening,  at  seven  o'clock. 

A  message  was  received  from  the  House  of  Representa- 
tives, through  their  Clerk,  Mr.  John  T.  Sloan,  informing 
the  Convention  that  the  House  of  Representatives  accepted 
the  invitation  of  the  Convention,  to  attend  the  signing  of 
the  Ordinance  of  Secession  at  Institute  Hall,  this  evening, 
at  seven  o'clock. 

The  Convention  moved  in  procession  to  Institute  Hall. 
The  President  took  the  chair,  and  the  proceedings  were. 
opened  with  prayer  by  Rev.  Dr.  Bachman. 

The  Attorney  General,  Mr.  I.  W.  Ilayne,  made  the  fol- 
lowing report: 

The  Attorney-General  and  the  Solicitors,  to  whom  was 
confided  the  care  of  the  Ordinance  of  this  Convention  for 
engrossing  and  enrollment,  have  performed  that  duty,  and 
caused  the  great  seal  of  the  State  to  be  attached  thereto. 

Whereupon,  the  Ordinance  was  presented,  and  was  signed 
by  every  member  of  the  Convention,  the  Election  Districts 
having  been  called  in  alphabetical  order. 

When  the  signing  was  completed,  the  President  of  the 
Convention  said : 

The  Ordinance  of  Secession  has  been  signed  and  ratified, 


54  Journal  of  tiii: 

nnd  I  proclaim  the  State  of  South  Carolina  an  Independent 
Commonwealth. 

On  motion,  the  Convention  was  adjourned  at  fifteen  min- 
utes past  nine  o'clock,  P.  If. 

B.  v.  Aimiru, 

( V,  /•/■■  of  the  (  bnventi&n. 


FRIDAY  DECEMBER  21,  1860. 

At  the  hour  to  Which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  D.  Du  Pre. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 

answered  to  their  names: 

Messrs.  Adams,  Cauthen, 

Allison,  Cliesnut, 

Appleby,  Cheves, 

Atkinson,  Clarke, 

Ayer,  Conner. 

Barnwell^  Crawford, 

Barron,  Curtis, 

Barton,  Dargan, 

Beaty,  Davant, 

Bethea,  Davis, 

Bellinger,  I>e  Saussure, 

Bobo,  DeTreville, 

Bonneau,  Duncan, 

Brabham,  Dunkin, 

Brown,  A.  11.  Du  Pre, 

Buchanan,  Easley, 

Calhoun,  Ellis, 

Caldwell,  English, 

Campbell,  Evans, 

Cam,  Fair, 

Carlisle,  Finley, 

Carroll,  Find," 

Caughman,  Forster, 


Convention  of  1860.  55 

Foster,  Manning, 

Frampton,  Mauldin, 

Furman,  Maxwell, 

Gad  berry,  Mayes, 

Garlington,  Means, 

Geiger,  Memminger, 

Glover,  Middleton,  J.  Izard 

Goodwin,  Middleton,  W. 

Gourdin,  R.  1ST.  Moore, 

Green,  Moorman, 

Gregg,  Maxcy  Lowell, 

Gregg,  William  Orr, 

Grisham,  ralmer, 

Hammond,  Parker, 

Hanokel,  Perrin, 

Harllee,  Pope, 

Harrison,  Porcher, 

llavne,  Pressley, 

Henderson,  Quattlebaum, 

Honour,  Raineyj 

Hopkins,  Reed, 

Hunter,  lihett, 

Hutson,  Rhodes, 

Inglis,  Richardson,  J.  P. 

Ingram,  Robinson, 

Jackson,  Rowell, 

Jefferies,  Kutledge, 

Jenkins,  John  Scott, 

Jenkins,  J.  EL  Seabrook,  E.  M. 

Johnson.  Seabrook,  G.  W.,  Sr. 

Keitt,  Sessions, 

Kershaw,  Shingler,  W.  F. 

Kilgore,  Shingler,  J.  M. 

Kinard,  Simons, 

Kinsler,  Simpson, 

Landrum,  Smyly, 

Lawton,  Smith, 

Lewis,  Snowden, 

Logan,  Spain, 

Lyles,  Springs, 

McCrady,  Stokes, 

Mclver,  Sims, 

McKee,  Thompson,  R.  A. 

McLeod,  Thomson,  Thomas 

Mao-rath,  Timmons, 


56  Journal  of  tiii: 

Tompkins,  Whitner, 

Townsend,  Williams, 

Wagner,  Wilson,  I.  D. 

Wannamaker,  Wilson.  J,  II. 

AVanllaw.  D.  L.  Wilson,  W.  B. 

Wardlaw,  F.  II.  Withers, 

Watts.  Woods, 

Wier,  Young. 

Mr.  Adams  moved  that  this  Convention  go  into  secret 
session. 

On  motion  of  Mr.  Perrin,  the  motion  was  ordered  to  lie 
on  ilic  table. 

Mr.  ELhett  presented  the  report  of  the  Committee  ap- 
pointed to  prepare  an  address  to  the  people  of  the  Southern 
States. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  address  was 
ordered  to  be  printed. 

Mr.  Carn  moved  that  the  address  be  made  the  special 
order  of  the  day  for  Monday  next,  at  one  o'clock,  P.  m. 

Mr.  Reed  moved  to  amend,  by  striking  out  "Monday 
next"  and  inserting  "to-morrow"  ;  which  amendment  was 
agreed  to,  and  the  address  was  made  the  special %rder  of 
the  day  for  to-morrow,  at  one  o'clock,  p.  m. 

Mr.  1>.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  a  report,  and  reported  the  follow- 
ing 

ORDINANCE: 

An  Ordinance  to  alter  the  Constitution  of  the  State  of 
South  Carolina  in  respect  to  the  oath  of  office. 

We,  the  People* of  the  State  of  South  Carolina,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained, 

That  the  Fourth  Article  of  the  Constitution  of  the  State 
of  South  Carolina,  heretofore  amended,  be  now  altered  so 
as  to  read  as  follows,  to  wit: 

All  persons  who  shall  be  elected  or  appointed  to  any 
office  of  profit  or  trust,  before  entering  on   the   execution 


Convention  of  1860.  57 

thereof,  shall  take  (besides  special  oaths,  not  repugnant  to 
this  Constitution  prescribed  by  the  General  Assembly)  the 
following  oath:  "I  do  solemnly  swear  (or  affirm)  that  I 
will  be  faithful,  and  true  allegiance  bear,  to  the  State  of 
South  Carolina,  so  long  as  I  may  continue  a  citizen  thereof; 
and  that  I  am  duly  qualified,  according  to  the  Constitution 
of  this  State,  to  exercise  the  office  to  which  I  have  been 
appointed;  and  that  I  will,  to  the  best  of  my  ability,  dis- 
charge the  duties  thereof,  and  preserve,  protect  and  defend 
the  Constitution  of  this  State,  so  help  me  God." 

On  motion  of  Mr.  D.  L.  "Wardlaw,  the  Ordinance  was 
considered  immediately,  was  adopted,  was  ordered  to  be 
engrossed  and  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Pressley,  leave  of  absence  was  granted 
to  Mr.  Dozier,  on  account  of  sickness. 

On  motion  of  Mr.  Spain,  leave  of  absence,  until  Monday, 
the  31st  instant,  was  granted  to  Mr.  Green,  on  account  of 
indisposition. 

SPECIAL  ORDER. 

On  motion  of  Mr.  DcTrcville,  the  Convention  proceeded 
to  the  consideration  of  the  following  resolution,  which  had 
been  made  the  special  order  of  the  day  for  Thursday,  at 
one  o'clock,  r.  m.  : 

"Resolved,  That  it  is  expedient  that  a  Council,  to  consist  of 
five  citizens  of  the  State,  to  act  with  the  Governor  o\'  the 
State  as  his  counsellors  and  advisers,  and  to  be  called  a 
Council  of  Safety,  should  be  forthwith  appointed;  and  that 
it  be  referred  to  a  Committee  of  this  Convention  to  report 
thereon,  by  Ordinance  or  otherwise. 

On  motion  of  Mr.  DeTreville,  the  resolution  was  amended 
by  striking  out  all  after  the  word  "Resolved,"  and  insert- 
ing the  following:  "That  it  be  referred  to  the  Committee 
on  the  Constitution  to  enquire  and  report  on  the  expedi- 
ency of  appointing  forthwith  a  Council  to  consist  of  


Journal  of  ihi 

••iti/.ciis  of  the  State,  to  act  with  the  Governor  of  the  State, 
ih  hi-  counsellors  and  adviser.-,  and  to  be  called  a  Council 

On  motion  of  Mr.  De Treville,  the  resolution,  as  amended, 

agr<  ed  i". 
( »n  motion  of  Mr.  Adams,  the  Convention  went  into 

SECRET  SKssioX. 

Mr.  Harllee  offered  the  following  resolution  which  was 
considered  immediately  and  was  agreed  to. 

Resolved,  That  a  Committee  of  three  be  appointed  to  wait 
iijion  his  Excellency  the  Governor,  for  the  purpose  of  ascer- 
taining if  there  be  any  information  in  his  possession  which 
requires  this  Convention  to  advise  with  him  in  secret 
session,  or  suggest  any  course  for  him  to  pursue,  oilier  than 
the  exercise  of  his  own  discretion  in  the  present  state  of 
affairs. 

Whereupon,  the  President  appointed  Messrs.  Harllee,  Orr 
and  Chesnut,  of  the  Committee. 

Mr.  Miles,  from  the  Committee  on  Foreign  Relations, 
presented  the  following  Report: 

The  Committee  on  Foreign  Relations  to  whom  were  re- 
ferred certain  resolutions  touching  the  appointment  of  Com- 
missioners, to  treat  with  the  United  states,  concerning  the 
property  of  the  latter  in  South  Carolina,  and  other  matters, 
beg  leave  respectfully  to  Report: 

That  they  have  duly  considered  the  subjects  submitted  to 
them,  and  recommend  the  immediate  adoption  of  the  fol- 
lowing resolution  : 

Resolved,  That  three  Commissioners,  to  be  elected  by 
ballot  of  this  Convention,  he  directed  forthwith  to  proceed 
to  Washington,  authorized  and  empowered  to  treat  with 
the  Government  of  the  United  States  for  the  delivery  of 
the  forts,  magazines,  Light-houses,  and  other  real  estate, 
with  their  appurtenances,  within  the  limits  of  South  Caro- 


Convention  of  1860.  59 

lina,  and  also  for  an  apportionment  of  the  public  debt  and 
for  a  division  of  all  other  property  held  by  the  Government 
of  the  United  States,  as  agent  of  the  Confederated  States,  of 
which  South  Carolina  was  recently  a  member;  and  gener- 
ally to  negotiate  as  to  all  other  measures  and  arrangements 
proper  to  be  made  and  adopted  in  the  existing  relations  of 
the  parties,  and  for  the  continuance  of  peace  and  amity 
between  this  Commonwealth  and  the  Government  at 
Washington. 

Mr.  Barnwell  offered  the  following  amendment,  which, 

on  motion  of  Mr.  Heed,  was  ordered  to  lie  on  the  table. 

Resolved,  That  James  Chesnut,  Jr..  W.  P.  Miles,  L.  M. 
Keitt  and  William  II.  Trescott,  be  appointed  Commission- 
ers of  this  Convention,  with  instructions  to  proceed  forth- 
with to  -Washington,  to  lav  the  Ordinance  of  Secession 
before  the  Federal  Government,  and  to  treat  with  that 
Government  concerning  the  property  claimed  by  it  within 
this  State,  and  any  other  right  affected  by  tin1  act  of 
secession. 

Mr.  Maxcy  Gregg  offered  the  following  amendment: 

Resolved,  That  three  Commissioners,  to  be  elected  by 
ballot  of  this  ('(invention,  be  directed  forthwith  to  proceed 
to  Washington,  authorized  and  empowered  to  present  to 
the  President  of  the  Confederacy,  from  which  the  State  of 
South  Carolina  has  now  withdrawn,  a  copy  of  the  Ordin- 
ance adopted  by  this  Convention  on  the  twentieth  day  of 
the  present  month,  and  to  demand  of  him  the  immediate 
withdrawal  from  the  territory  of  South  Carolina,  of  the 
military  and  naval  forces  now  there  under  his  command, 
and  the  immediate  delivery  of  the  forts,  with  their  arma- 
ments and  of  the  other  buildings  and  lands  heretofore  held 
by  the  Government  of  the  United  States  within  the  terri- 
tory of  South  Carolina;  and  also  to  otter  t<>  treat,  on  the 
part  of  the  State  of  South  Carolina,  concerning  an  equitable 
division  of  the  public  property  of  the  late  Confederacy  and 


60  Journal  of  the 

apportionmenl  of  the  public  debt  and  arrangement  of  postal 
affairs,  and  concerning  any  other  measures  which  may  bo 
proper  to  be  adopted  for  the  preservation  of  peace  and 
amity  between  this  Commonwealth  and  the  Government  at 
Washington. 

Mr.  Gregg  withdrew  his  amendment. 

The  Report  of  the  Committee  was  agreed  to. 

Mi-.  Elarllee,  from  the  Committee  appointed  to  wait  npon 
his  Excellency  the  Governor,  reported  that  they  had  dis- 
charged that  duty,  and  thai  his  Excellency  was  nol  in 
possession  of  information,  making  it  necessary  for  him  to 
communicate  with  the  Convention  in  Secret  Session. 

On  motion  of  Mr.  Gist,  the  doors  of  the  Uall  were  thrown 
open. 

On  motion  of  Mr.  Buchanan,  it  was  ordered,  that  when 
the  Convention  adjourns,  it  shall  be  adjourned  -to  meet 
to-morrow,  at  twelve  o'clock,  m. 

On  motion  of  Mr.  J.  I.  Middleton,  leave  of  absence,  till 
Monday  next,  was  granted  to  Mr.  Appleby. 

On  motion  of  Mr.  Inglis,  business  was  suspended  at  fifty- 
five  minutes  past  three  o'clock,  p.  .m.,  until  seven  o'eloek 
p.  m. 

RECESS. 

The  President  resumed  the  Chair. 

The  President  laid  before  the  Convention  the  following 
communication,   which  was  received  as  information,  and 

was  left  in  the  possession  of  the  President : 

Charleston  Hotel,  December  21,  1860. 
Hon.  D.  F.  Jamison, 

President  of  the  South  Carolina  Convention, 

now  sitting  in  Charleston: 
Dear  Sir:  I  have  the  honor  to  lay  before  you,  for  infor- 
mation, a  despatch,  just  received  by  me,  from  his  Excel- 
lency, John  J.  Pettus,   Governor  of  Mississippi,  in  which 


Convention  of  1860.  Gl 

he  informs  me  that  in  Hinds  County,  where  the  most  for- 
midable opposition,  or  co-operation,  ticket  in  the  State  was 
organized,  those  in  favor  of  separate  State  action  have  suc- 
ceeded by  a  majority  of  three  hundred;  and  that  we  have 
the  State  Convention  by  a  majority  of  four  to  one. 

I  have  the  honor  to  enclose  the  despatch,  to  he  disposed 
of  at  your  pleasure. 

Very  respectfully,  your  obedient  servant, 

C.  E.  HOOKER. 

The  despatch  referred  to  is  as  follows  : 

To  Hon.  C.  E.  Hooker,  Commissioner: 

Hinds  County  three  hundred  majority  for  prompt  seces- 
sion.    Our  majority  in  Convention  four  to  one. 

JOHN  J.  FETTUS. 

Mr.  Adams,  from  the  Committee  appointed  to  count  the 
ballots  cast  for  three  Commissioners  to  Washington,  re- 
ported that  one  hundred  and  sixty-four  (104)  ballots  were 
cast,  with  the  following  result: 

Mr.  W.  P.  Miles  received  22  votes:  R.  W.  Barnwell,  104; 
L.  M.  Keitt,  4:  C.  O.  Memminger,  38;  T.  J.  Withers,  44; 
J.  II.    Adams.   21;  A.  G.  Magrath,   69;  I.  W.  Hayne,  1; 

J.  S.  Preston.  23;  .1 .  V.  Carroll,  4:  J.  L.  Orr,  59;  Wm. 
H.  Trescott.  34;  R.  B.  Rhett,  10;  J.  Chesnut,  Jr.,  2i»;  L>. 
L.  Wardlaw,  0:  W.  P.  Finley,  3;  J.  L.  Manning,  l;  \\. 
F.  De  Saussure,  ^:  Maxcy  Gregg,  •'»:  John  McQueen,  1; 
W.  IT.  Gist,  1;  John  A.  InglU  4;  I.  D.  Wilson,  1;  W. 
W.  llarllee,  1;  B.  F.  Dunkin,  2;  J.  F.  Richardson,  1;  J. 
Townsend,  1.  Eighty-three  being  a  majority,  R.  W.  Barn- 
well only,  is  elected. 

On  motion  of  Mr.  De  Trevillc,  the  Convention  proceeded 
to  a  second  ballot  for  Commissioners  to  Washington* 

Mr.  Memminger,  from  the  Committee  appointed  to  pre- 
pare a  declaration  of  the  causes  which  justify  the  secession 
of  South  Carolina  from  the  Federal  Union,  made  a  report, 
which,    on   motion  of  Mr.  Dargan,  was   made   the   special 


62  JOUBM  LL   OS   T1IH 

order  of  the  day  for  to-morrow,  at  one  o'clock,  p.  m..  and 
was  ordered  to  be  printed. 

Mi-.  Atkinson,  from  tin-  Committee  appointed  to  count 
the  ballots  cast  on  the  second  ballot  for  Commissioners  to 
the  Federal  Government  at  Washington,  reported  that  no 
one  had  received  a  majority  of  the  ballots  cast,  and  that, 
consequently,  there  was  no  election. 

The  Convention  proceeded  to  a  third  ballot  for  Commis- 
sioners to  the  Federal  Government  at  Washington. 

On  motion  of  Mr.  Bobo,  leave  of  absence,  till  Wednes- 
day next,  was  --ranted  to  Mr.  Carlisle,  on  account  of  the 
illness  of  his  family. 

On  motion  of  Mr.  Dunkin,  the  following  Ordinance, 
together  with  the  amendments  thereto,  was  taken  up  from 
the  table  : 

Be  it  ordained  by  the  People  of  South  Carolina,  by  their 
Delegates  in  Convention  assembled, 
That    until   otherwise   provided,  the  Governor  shall  be 

authorized  to  appoint  Collectors  and  other  officers  con- 
nect.d  with  the  customs  for  the  several  ports  within  the 
State  of  South  Carolina,  and  also,  all  Post-masters  within 
the  Baid  Slate;  and  that  until  such  appointment  shall  have 
been  made,  the  persons  now  charged  with  the  duties  of  the 
said  several  offices  shall  continue  to  discharge  the  same, 
keeping  an  accounl  of  the  monies  received  and  disbursed 
by  them  respectively. 

On  motion  of  Mr.  Dunkin.  the  Ordinance,  together  with 
the  amendments,  was  referred  to  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements. 

Mr.  Cheves  offered  the  following  Ordinance,  which,  on 
motion  of  Mr.  Cheves,  was  referred  to  the  Committee  on 
Commercial   Relations  and   Postal  Arrangements,  and  yyas 

ordered  to  be  printed  : 

Whereas,  the  Federal  Government  of  the  United  States 
of  America,   has,    from   time  to    time,  with  the  consent  of 


Convention  of  1860.  63 

this  State,  created  certain  offices  of  profit  and  trust,  as  well 
within  as  without  the  limits  of  this  State  ; 

And  whereas,  divers  persons,  as  well  citizens  of  this 
State,  as  others,  have,  with  the  consent  of  this  State,  and 
by  the  appointment  of  the  said  Federal  Government  of  the 
United  States  of  America,  undertaken  the  execution  of  the 
functions  of  the  said  offices,  and  become  bound  by  official 
oaths  and  heavy  penalties,  to  the  Federal  Government 
aforesaid,  for  the  performance  of  the  same  : 

And  whereas,  the  sudden  arrest  of  the  functions  of  the 
said  offices  would  work  great  inconvenience  to  the  citizens 
of  this  State,  and  grievous  hardship  to  the  persons  bound 
as  aforesaid  : 

Wherefore,  for  the  convenience  of  this  State  and  for  the 
relief  of  said  persons, 

Be  it  ordained,  and  by  the  people  of  the  State  of  South 
Carolina,  in  Convention  assembled,  it  is  ordained. 

That  all  persons  who  were  in  occupation  of  any  office  of 
profit  or  trust  under  the  Government  of  the  United  States 
of  America,  immediately  previous  to  the  adoption  of  the 
Ordinance  of  Secession,  shall  continue  to  exercise  the 
functions  of  the  same,  iu  like  manner  and  form  precisely 
as  before  the  adoption  of  said  Ordinance,  until  otherwise 
ordered. 

And  that  all  Laws  of  the  Federal  Government  of  the 
United  States  of  America,  which  shall  have  been  abrogated 
by  virtue  of  said  Ordinance,  are  hereby  declared  in  full 
force  and  effect  for  the  purposes  aforesaid,  and  no  other. 

And  be  it  further  ordained,  that  the  operation  of  this  Or- 
dinance may  be,  at  any  time,  suspended  by  the  Governor 
of  this  State  at  his  discretion. 

And  that  the  General  Assembly  of  this  State  is  author- 
ized and  empowered  to  repeal  the  same  whensoever  it  shall 
be  by  them  deemed  expedient. 

Mr.  Reed  offered  the  following  resolution,  which,  on 
motion  of  Mr.  Means,  was  ordered  to  lie  on  the  table: 

Resolved,  That  when  this  Convention  adjourns,  it  shall 


64  Journal  of  tiii: 

be  adjourned  to  meet  on  Tuesday,  the  fifteenth  day  of  Jan- 
uary next,  ;tt  twelve  o'clock,  m. 

Mr.  John  Lzard  Middleton  offered  the  following  resolu- 
tions, which  were  referred  to  the  Committee  on  Commer- 
cial Relations  and  Postal  Arrangements: 

/,'  '■  I,  That  until  the  General  A-ssembly  shall  other- 
wise determine,  all  goods,  wares  and  merchandize  im- 
ported into  tliis  Commonwealth,  be  subjected  to  a  rate  of 
duties  amounting  to  one-halt'  of  that  exacted  by  the  late 
Gk>vernmen1  of  the  United  States,  excepting  all  goods, 
wares,  and  merchandize  imported  from  any  of  the  slave- 
holding  States  of  this  Continent,  at  amity  with  this  Com- 
monwealth, the  products  of  which  shall  l>e  free  of  all  duties. 

Resolved,  That  until  the  General  Assembly  shall  other- 
wise provide,  duties  on  the  tonnage  of  all  vessels  resorting 
to  the  pons  of  this  Commonwealth,  shall  be  at  the  rates 
heretofore  exacted  by  the  late  Government  of  the  Tinted 
States. 

On  motion  of  Mr.  Mazyck,  the  following  Resolution  was 
taken  up: 

Resolved,  That  a  Committee,  to  consist  of  member.-. 

be  appointed,  whose  duty  it  shall  be  to  inquire  and  report 
to  this  Convention  bow  much  of  tbe  Legislation  of  Con- 
gress would  be  ipso  facto  abrogated,  so  far  as  this  State  is 
concerned,  by  the  secession  of  the  State  from  the  Federal 
Union,  and  how  much  of  it  might  remain  of  force,  notwith- 
standing the  Act  of  Secession. 

On  motion  of  Mr.  Mazyck,  the  blank  was  tilled  with  the 
number    thirteen,    and    the    Resolution,    as   amended,  was 

agreed  to. 

Mr.  Middleton  offered  the  following  Ordinance,  which, 
on  motion  of  Mi'.  Ohesnut,  was  ordered  to  lie  on  the  table: 

Be  it  ordained,  by  the  People  oi  the  State  of  South  Caro- 
lina, now  met  and  sitting  in   Convention,  that  all  citizens 


Convention  of  1860.  65 

of  South  Carolina  in  the  naval  and  military  service  of  the 
United  States  who  have,  in  consequence  of  the  present 
aspect  of  political  affairs,  resigned  their  commissions,  or 
who  may,  for  that  cause,  resign  their  commissions  within 
the  term  of  months,  shall  he  entitled  to  and  shall 

he  placed  in  the  same  grade  in  the  service  of  the  Common- 
wealth of  South  Carolina,  with  that  which  they  relinquish, 
and  shall  receive,  respectively,  the  pay  and  emoluments 
attached  to  their  grade  in  the  late  United  States  service, 
suhject,  in  all  cases,  to  such  enactments  in  relation  to 
naval  and  military  affairs  as  may  be  passed  by  the  General 
Assembly. 

Mr.  Barron,  from  the  Committee  appointed  to  count  the 
ballots  cast  on  the  third  ballot  for  Commissioners  to  the 
Federal  Government  at  Washington,  reported  that  Messrs. 
James  II.  Adams  and  James  L.  Orr  had  received  a  majority 
of  the  hallots  cast.  Whereupon,  the  President  announced 
that  Messrs.  R.  W.  Barnwell.  James  II.  Adams,  and  James 
L.  Orr,  are  duly  elected  Commissioners  to  the  Federal  Gov- 
ernment at  Washington. 

On  motion  of  Mr.  Bobo,  the  Convention  was  adjourned 
at  five  minutes  past  ten  o'clock,  p.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convent  ton. 


SATURDAY,  DECEMBER  22,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  John  G.  Landrum. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 


66 


Journal  of  the 


Messrs.  Adams, 
Allison, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Buchanan, 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carroll, 
Caughman, 
Cautnen, 
Charles, 
Chesnnt, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davant, 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 
Dun  kin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
DuPre, 
Fas  ley, 
Ellis, 
English, 


Evans, 

Fair. 

Finite. 

Find.' 

Forster, 

Poster, 

Frainpton, 

Funhan, 

'  iadberrv, 

( Darlington, 

(u'iger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N". 

Gourdin,  T.  L. 

Gregg,  Maxcy, 

Gregg,  "William 

Grisham, 

1  [ammond, 

Hanckel, 

Harllee, 

Harrison, 

I  Iavne, 
Henderson, 

Bonour, 
Eopkins, 

I I  miter, 
I  lutson, 
[nglis, 
[ngram, 
Jackson, 
Jefteries, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Fandrum, 
Lawton, 
Lewis, 
Logan, 


Convention  of  1860. 


67 


Lyles, 

McCrady, 

Mclver, 

McKee, 

MeLeod, 

Magratli, 

Manigault, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Memminger, 

Middleton,  J.  I. 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'llear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porch  er, 

Presslev, 

Qnattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 


Rowell, 

Rntledge, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  President  announced  the  following  gentlemen  as 
the  Committee  to  inquire  how  much  of  the  legislation  of 
Congress  would  be  abrogated  by  the  secession  of  the  State 
from  the  Federal  Union: 


68  Journal  of  tih: 

Me88r8.  Alexander  M;iz\  ck, 
II.  C.   Davis. 

'B.  15.  Poster, 
T.  M.  Hanckel, 
B.  P.  Kllgore, 
J.  Maxwell, 
R.  Moorman, 
J.  S.  Palmer, 
W.  J*.  Shingler, 
A.  B.  Springs, 
J.  Tompkins, 
S.  Bobo, 
II.  I.  Caughman. 

The  President  laid  before  the  Convention  the  following: 
communication : 

Charleston,  Dec.  21,  1860. 
Honorable  the  7V< suhnl  ami  Delegates 

of  il<>-  Commonwealth  of  South  Carolina: 
Gentlemkx:  The  Commissioners  of  the  Orphan  House 
have  instructed  me  to  invite  you  to  visit  the  Institution  of 
the  Orphan  House  in  this  city,  whenever  it  may  suit  your 
convenience  t<>  do  so,  individually  or  as  a  body. 

The  House  will  he  at  all  times  open  for  your  inspection. 
Respectfully, 

II.  A.  DeSAUSSURE, 
Chairman  of  Commissioners  of  Orphan  House. 

On  motion,  the  communication  was  received  as  informa- 
tion, and  the  invitation  was  accepted. 

Mr.  Means  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  Commissioners  to  the  Federal  Gov- 
ernment at  Washington  be  authorized  to  appoint  a  Secre- 
tary, if  necessary. 

Mr.  Gadberry  offered  the  following  Resolution,  which 
was  considered  immediately,  and  was  agreed  to: 


Convention  of  1860.  69 

Resolved,  That  it  he  referred  to  the  Committee  on  the 
Constitution,  to  inquire  whether  the  powers  heretofore  del- 
egated to  the  Federal  Government- by  this  State,  and  re- 
named by  the  Ordinance  of  Secession,  may  not  be  properly 
bestowed  upon  the  Legislature  of  this  State;  and  if  so,  to 
report  to  this  Convention  an  Ordinance  for  that  purpose. 

Mr.  De  Saussure,  from  the  Committee  on  the  Address  to 
the  People  of  the  Southern  States,  made  a  Report  on  the 
Address  of  a  portion  of  the  members  of  the  General  As- 
sembly of  Georgia;  which,  on  motion  of  Mr.  Withers, 
was  ordered  to  lie  on  the  table  and  to  be  printed. 

Mr.  Miles  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  travelling  expenses  of  our  Commis- 
sioners to  Washington  be  paid,  and  that  they  receive  ten 
dollars  each,  per  diem,  for  their  personal  expenses  during 
the  time  they  may  be   employed   in  the   discharge  of  the 

duties  of  their  mission. 

Mr.  Ilayne  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to:   , 

Resolved,  That  the  resolution,  adopted  in  secret  session, 
for  the  appointment  of  Commissioners  to  the  Government 
of  the  United  States,  be  committed  to  C.  D.  Melton,  Esq., 
one  of  the  Solicitors  of  the  State,  for  the  purpose  of  pre- 
paring commissions  for  the  Commissioners  elected  by  this 
body — the  said  C.  D.  Melton  being  first  sworn  to  secrecy. 

Mr.  Simons  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  there  be  added  to  the  Standing  Commit- 
tees of  this  Convention  an  Engrossing  Committee,  to  con- 
sist of  three  members,  to  be  appointed  by  the  President. 


70  Joi'KNAI.   OF   Tin: 

Mr.  Miles  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  t<>: 

R  solved,  That  the  injunction  of  secivrv  lie  removed  as  to 
yesterday's  proceedings,  and  that  the  report  of  the  Commit- 
tee "ii  Foreign  Relations  be  printed  with  the  Journal  of 
this  day. 

On  motion  of  Mr.  Magrath,  the  Convention  went  into 
SECRET  SESSION. 

Mr.  Magrath,  from  the  Committee  to  whom  had  been 
referred  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  property  of  the  United 
States  within  the  limits  of  South  Carolina,  made  the  fol- 
lowing 

REPORT. 

The  Committee  to  whom  was  referred  so  much  of  the 
message  of  the  President  of  the  United  States  as  relates  to 
the  property  of  the  United  States,  within  the  limits  of 
South  Carolina,  ask  leave  to  report,  that  the  several  mat- 
ters embraced  in  the  resolution,  will  require,  necessarily, 
some  delay  in  obtaining  the  information  proper  for  the 
Convention.  From  Mr.  Colcock,  who  tilled  the  office  of 
Collector  at  the  port  of  Charleston,  they  have  reeeived  all 
the  information  which  they  desired  "'  relation  to  that  por- 
tion of  the  property  of  the  United  States,  within  the  limits 
of  this  State,  which  was  under  his  control.  This  informa- 
tion is  embraced  in  a  paper  annexed  to  this  report.  In 
addition  to  it,  Mr.  Colcock  has  kindly  furnished  informa- 
tion of  the  Light-Houses  within  this  Collection  District, 
which  will  also  be  found  in  a  paper  annexed  to  this 
report. 

From  the  information  which  this  Committee  has  re- 
ceived, it  can  further  report,  that  in  the  waters  of  South 
Carolina,  are  two  forts:  one  known  as  Fort  Sumter,  the 
other  known  as  Castle  Pinckney.     Within  the  limits  of  the 


Convention  of  1860.  71 

State,  situate  on  Moultrieville,  is  another  fort,  known  as 
Fort  Moultrie  ;  and  within  the  corporate  limits  of  the  City 
of  Charleston,  is  the  Arsenal,  owned  by  the  United  States. 
and  used  as  a  depot  for  arms,  ammunition  and  equipment. 

The  purposes  for  which  these  places,  last  referred  to, 
were  acquired,  this  Committee  can  only  undertake  to 
report,  when,  from  -the  grants,  deeds  or  other  modes  in 
which  they  have  been  obtained,  a  recital  of  the  same  will 
serve  the  purpose  of  affording  exact  information. 

A  further  direction  to  the  Committee  was  to  enquire  and 
report,  whether  the  continued  possession  of  these  places, 
now  referred  to,  after  the  secession  of  the  State,  is,  or  not. 
consistent  with  its  safety  and  honor. 

In  the  opinion  of  the  Committee,  such  possession,  by  the 
United  States,  is  not  consistent  either  with  the  honor  or 
safety  of  the  State. 

While  the  State  of  South  Carolina  was  one  of  the  Con- 
federation known  as  the  United  States,  the  purpose  of  the 
three  forts  was,  under  the  orders  of  the  General  Govern- 
ment of  the  United  States,  and  in  the  discharge  of  its 
obligation  to  provide  for  the  common  defence,  to  repel 
invasion.  An  attack  upon  South  Carolina,  was  an  attack 
upon  the  United  States. 

But  no  purpose  of  common  defence  can  now  be  urged 
for  the  retention  of  that  possession  of  these  places,  which 
the  General  Government  has  heretofore  enjoyed.  The 
obligation  of  a  common  defence,  no  longer  binds  the  State 
of  South  Carolina  to  the  surrender  of  her  soil,  the  control 
of  her  waters,  or  the  possession  of  places  within  her  terri- 
torial limits,  and  in  which  neither  the  process  of  her  Courts, 
nor  the  laws  she  enacts,  will  be  permitted  to  operate. 

Regarding,  therefore,  the  possession  of  these  forts  by  the 
General  Government  of  the  United  States,  as  no  longer 
required  by  a  regard  for  the  common  defence  of  the  United 
States  ;  and  that,  in  the  separate  and  independent  condi- 
tion of  South  Carolina,  such  possession  would  indicate  the 
assertion  of  a  right  to  control,  within  the  limits  of  the 
State,  by  a  power  now,  in  all  its  relations,  foreign  ;   and 


72  J<»l   KVU.    OF    THE 

thai  •!   l'v  tin-  Government  of  the  United 

8nch  circumstances,  would  be  inconsistent 
lafety  :ui<l  honor  of  the  State,  the  Committee 
amend  the  adoption  of  the  following  resolution  : 

/.'  /.  That  Fori  Moultrie,  Fori  Sumter,  Castle  Pinck- 

ney,  and  the  land  and  buildings  within  the  limits  of  the 
City  of  Charleston,  known  as  the  Arsenal,  should  be  sub- 
to  the  authority  and  control  of  the  State  of  South 
Carolina,  and  thai  the  possession  of  the  said  forts  and 
arsenal  should  be  restored  to  the  State  of  South  Carolina. 

<  >n  :iintion  of  Mr.  Magrath,  the  report  was  ordered  to 
lie  "ii  the  table;  and  the  resolution  was  taken  up  tor  con- 
i  .1 1 it >n. 

Mr.  A.  II.  Brown  offered  the  following  amendment,  as 
an  additional  clause:  "And  that  the  Commissioners  be 
further  instructed  to  declare  that  South  Carolina  will  not 

j.ird  with  indifference  any  attempt  on  the  part  of  the 
Federal  Government  further  to  fortify  or  garrison  the  forts 
■  d  within  its  limits." 

Mr.  Eutson  offered  the  following  amendment: 

'•All  the  land  within  the  limits  of  the  State  of  South 
Carolina,  now  in  the  actual  or  constructive  possession  of 
the  CTnited  States." 

Mr.  offered  the  following  amendment  : 

/.'•  Ived,  That  our  Commissioners  to  Washington  should 
demand  the  speedy  delivery  to  the  State  of  South  Carolina 
of  the  ungarrisoned  fortifications — Castle  Pinckney  and 
Fort    Sumter — as   essential    to  the  security  of  Charleston  ; 

< sistenl   with  the  dignity  of  the  State,  and  as  the  most 

effectual  means  of  preserving  peace  and  amity  between 
this  Commonwealth  and  the  Government  at  Washington. 

/.'  olvt ii.  Thai  they  should  demand  the  withdrawal  of 
the  Cnited  States  Troops,  now  in  Fort  Moultrie,  at  the  ear- 
lies!  practicable  period,  and  the  delivery  of  that  fort  im- 
mediately thereafter  to  the  authorities  of  South  Carolina. 


Convention  of  1860.  73 

Resolved,  That  the  Commissioners  should  not  await  an 
answer  to  these  demands  longer  than  the day  of  Jan- 
uary, 1861 — but  upon  the  expiration  of  the  above  period, 
or  in  ease  of  refusal  of  the  above  demands,  or  refusal  to 
receive  or  treat  with  the  Commissioners,  that  the  said  Com- 
missioners return  immediately  home  and  report  the  result 
of  their  mission  to  this  Convention. 

Resolve§,  That  upon  the  acquiescence  of  the  Government 
at  Washington,  in  the  above  mentioned  demands,  and  the 
receipt  of  intelligence  from  the  Governor  of  South  Caro- 
lina that  Fort  Sumter  and  Castle  Pinckney  are  in  the  pos- 
session of  the  authorities  of  the  State,  that  the  Commis- 
sioners do  then,  and  not  before,  proceed  to  treat  and 
negotiate  touching  all  other  matters  and  things  committed 
to  them  by  the  resolution  of  the  Convention  creating  the 
Commission. 

Mr.  D.  L.  Wardlaw  offered  the  following  resolution  as 
an  additional  clause  to  the  resolution  reported  by  the  Com- 
mittee : 

Resolved,  That  our  Commissioners,  being  fully  possessed 
of  this  resolution,  and  of  the  opinions  of  this  Convention 
in  reference  to  troops  in  the  harbor  of  Charleston,  he  left 
to  the  exercise  of  their  sound  discretion  in  negotiating  with 
the  United  States. 

Mr.  Cheves  offered  the  following  amendment : 

Resolved,  That  it  is  the*  sense  of  this  Convention  that  it 
is  not  consistent  with  the  dignity  of  this  Stale  that  her 
Commissioners  should  remain  at  Washington  later  than 
the  fifteenth  day  of  January  next,  unless  before  that  time 
Fort  Sumter  and  Castle  Pinckney  shall  have  been  restored 
to  the  authorities  of  this  State. 

Mr.  F.  D.  Richardson  offered  the  following  amendment : 

1.  Resolved,  That  it  is  the  opinion  of  this  Convention 
that  the  garrisoning  of  Fort  Sumter  and  Castle  Pinckney 


7  1  JOURS  M.   OF   Till' 

or  the  farther  mounting  of  guns  on  cither  fortification, 
must  be  regarded,  at  this  time,  as  an  overt  acl  of  hostility. 

•_'.  Resolved,  That  the  Governor  of  this  State  be  requested 
ircise  the  utmost  vigilance  and  useeverj  means  at  his 
command,  to  intercept  and  prevent  the  garrisoning  of  said 
fortresses  or  mounting  of  »'nns  thereon. 

8.   Resolved,  Thai  the  Gk>ver -  be  requested  to  ascertain, 

if  it  be  practicable,  and  report  to  tliis  Conventioi  whether 
any  and  what  changes  have  been  recently  made  in  all  the 
fortifications  in  the  harbor  of  Charleston,  and  whether  the 
work  of  fortifying  them  is  still  progressing. 

On  motion,  all  the  amendments  proposed  were  ordered 
to  lie  on  the  table;  and  the  resolution  reported  by  the 
( lommittee  was  agreed  to. 

Mr.  Dunkin,  from  tin-  Committee  on  Commercial  Rela- 
tionsand  Postal  Arrangements,  made  a  report  and  reported 
an  Ordinance  to  make  provisional  Postal  Arrangements  in 
South  Carolina ;  which  was  considered  immediately;  was 
agreed  to:  was  ordered  to  he  engrossed;  and  to  be  signed 
by  the  President  and  the  ( !lerk. 

<  >n  motion  of  Mr.  Dunkin,  the  injunction  of  secrecy  was 
removed,  in  relation  to  the  action  of  the  Convention,  on 
the  Ordinance  to  make  provisional  postal  arrangements  in 
South  ( larolina. 

Mi-.  Dunkin  presented  the  following 

REPORT: 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  beg  leave  to  report,  that  they  have  consid- 
ered iln'  various  matters  referred  to  them,  in  relation  to  the 
Customs,  and   the  officers  charged  with  the  collection  of 

tin'  same  and  other  officers  or  agents  in  any  manner  con- 
nected with  the  same,  and  they  submit  an  Ordinance  for  a 
provisional  arrangement  thereof. 

'riir  Committee,  regarding  the  Ordinance  now  submitted 

as  merely  provisional,  have  not  deemed  it  expedient  or  ne- 

•y.  at   this  time,  to  provide  for  the  contingency,  that 


Convention  of  1860.  75 

an  Act  of  Congress  may  hereafter  be  passed,  imposing 
duties  on  goods,  wares  and  merchandize  passing  into  any 
of  the  United  States  from  this  State. 

AX  ORDINANCE 

To  provide  for  the  continuance  of  Commercial  facilities  in 
South  Carolina : 

We,  the  People  of  South  Carolina,  in  Corn-en t ion  assembled, 
do  declare  and  ordain,  dnd  it  is  hereby  declared  and  ordained, 

That  all  citizens  of  this  State,  now  holding  office,  connected 
with  the  Customs,  under  the  Government  of  the  United 
States,  within  the  limits  of  South  Carolina,  be  and  they 
are  hereby  appointed  to  hold,  under  the  Government  of 
this  State,  the  same  offices  they  now  till,  until  otherwise 
directed,  and  to  receive  the  same  pay  and  emoluments  for 
their  services.  And  it  is  further  ordained.  That  in  case  of 
the  resignation  of  either  of  them,  the  Governor  is  empow- 
ered to  supply  the  vacancy  ;  and  such  officers  are  hereby 
authorized,  until  otherwise  instructed,  to  collect  duties  on 
imports  at  the  rates  now  existing  in  the  United  States  of 
North  America;  and  they  are  hereby  directed  to  hold  the 
same,  subject  to  the  further  action  of  this  body;  saving  and 
excepting,  however,  that  no  duties  shall  be  collected  upon 
goods,  wares,  merchandize,  and  products  imported  direct 
from  any  of  the  States  forming  the  late  Federal  Union, 
known  as  the  United  Slates  of  North  America. 

And  be  it  further  ordained,  That  the  officers  aforesaid  shall 
retain  in  their  hands  all  property  of  the  United  States  in 
their  possession,  custody  and  control,  subject  to  the  disposal 
of  this  State,  who  will  account  for  the  same,  upon  a  final 
settlement  with  the  Government  of  the  United  States. 

Mr.  "Wagner  presented  the  following 

REPORT : 

The  undersigned,  the  minority  of  the  Committee  on 
Commercial  Relations  and  Postal  Arrangements,  feel  eon- 


76  Jbl  i;X  \i.   OP  THE 

strained  to  differ  from  the  views  expressed  by  the  majority, 
;iinl  beg  leave  to  recommend  for  the  consideration  of  the 
Convention  the  following  Ordinance. 

(Signed)         Theodore  D.  Wagner. 
John  Jenkins. 


AX  ORDINANCE 

To  provide  for  the  continuance  of  Commercial  Relations  in 
South  Carolina : 

We,  th(  People  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  That  until  otherwise  provided  for  by  the  General 
Assembly,  the  importation  of  merchandize  into  tins  State 
shall  be  free  and  Unrestricted ;  and  it  shall  be  the  duty  of 
the  Governor  to  make  such  temporary  regulations  as  may 
be  requisite  concerning  the  entry  and  clearance  of  vessels, 
and  to  appoint  such  offieers  as  may  be  needed  for  the  pur- 
pose; and  it  shall  he  the  duty  of  the  General  Assembly  to 
provide  proper  compensation  for  all  officers  whose  appoint- 
ment is  required  by  this  Ordinance. 

On  motion  of  Mr.  Pope,  the  majority  and  minority  Re- 
ports, together  with  the  Ordinances  recommended,  were 
made  the  special  order  of  the  day  tor  Monday  next,  at  one 
o'clock,  p.  Bi;,  and  were  ordered  to  he  printed. 

On  motion  of  Mi".  Miles,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  he 
adjourned  to  meet  on  Monday  next,  at  twelve  o'clock,  M. 

On  motion  of  Mr.  Miles,  the  Convention  was  adjourned. 

B.  F.  ARTHUR, 

( 'A  /■/,•  of  the  Convention. 


Convention  of  1860.  77 


REPORT  OF  THE  COMMITTEE  ON  FOREIGN 
RELATIONS. 


The  Committee  on  Foreign  Relations,  to  whom  was  re- 
ferred certain  resolutions  touching  the  appointment  of 
Commissioners,  to  treat  with  the  United  States  concerning 
the  property  of  the  latter  in  South  Carolina,  and  other 
matters,  beg  leave  respectfully  to 

REPORT : 

That  they  have  duly  considered  the  subjects  submitted 
to  them,  and  recommend  the  immediate  adoption  of  the 
following  resolution  : 

Resolved,  That  three  Commissioners,  to  be  elected  by 
ballot  of  this  Convention,  be  directed  forthwith  to  proceed 
to  Washington,  authorized  and  empowered  to  treat  with 
the  Government  of  the  United  States  for  the  delivery  of 
the  Forts,  Magazines,  Light-Houses,  and  other  real  estate, 
with  their  appurtenances,  within  the  limits  of  South  Caro- 
lina, and  also  for  an  apportionment  of  the  public  debt,  and 
for  a  division  of  all  other  property,  held  by  the  Govern- 
ment of  the  United  States,  as  agent  of  the  Confederated 
States,  of  which  South  Carolina  was  recently  a  member ; 
and,  generally,  to  negotiate  as  to  all  other  measures  and 
arrangements  proper  to  be  made  and  adopted,  in  the  exist- 
ing relation  of  the  parties,  and  for  the  continuance  of  peace 
and  amity  between  this  Commonwealth  and  the  Govern- 
ment at  Washington. 

All  of  which  is  respectfully  submitted. 

WM.  PORCHER  MILES,  Chairman. 


7^ 


Journal  of  tiii: 


Monday,  decembeb  2$  i860,  • 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  M.  Timmons. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 

answered  to  their  names  : 


Messrs.  Allison, 
Atkinson, 
Aver, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Burnet, 
Cain, 
( lalhoun, 

Caldwell, 

( lampbell, 

(  'am, 

( Jarroll, 

( 'aughman, 

Cauthen, 

Charles, 

Chesnut, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Dargan, 

Davis, 

De  Saussure, 

DeTreville, 

Dunkin, 

Dunovant,  R.  G.  M. 

Du  Pre, 


ESasley, 

Ellis, 

English, 

Evans, 

Fair, 

Finley, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

<  Darlington, 

Geiger, 

Gist, 

Clover, 

Goodwin, 

( lourdin,  R.  N. 

Gourdin,  T.  L. 

Gregg,  William 

Grisnam, 

I  laimiiond, 

Eanckel, 

llarllee, 

Harrison, 

1  [ayne, 

I  [enderson, 
Honour, 
Hopkins, 

I I  unter, 
Ilutson, 
[nglis, 
digram, 

.larkson, 
Jeft'eries, 


Convention  of  1860. 


79 


Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Lyles, 

Mclver, 

Mclvee, 

McLeod, 

Magrath, 

Manning, 

Mauldin, 

Maxwell, 

Mazyck, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Middleton,  W. 

Moore, 

Moorman, 

Noble, 

No  we  11, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Pressley, 

Quattlebaum, 

Rainey, 


Reed, 

Rhett, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowcll, 

Rutledge, 

Scott, 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  W.  P. 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springs, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  II. 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  I.  I). 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  Journal  of  yesterday's  proceedings  was  read. 
The  President  announced  the  following  as  the  Engross- 
ing Committee  : 

Messrs.  T.  Y.  Simons, 
S.  Fair, 
H.  Mclver. 


80  Jot  RNAL   OP    1  BE 

Mr.  Lyles  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to»: 

/.'  -  '<-•/.  Thai  the  Honorable  M.S.  Perry,  Governor  of 
tin'  State  of  Florida,  now  in  the  City  of  Charleston,  be, 
and  he  is  hereby,  invited  to  a  seat  on  the  floor  of  the  Con- 
vention. 

Mr.  De  Saussure  presented  the  account  of  E.  11.  Stokes, 
for  putting  the  Baptist  Church  in  Columbia  in  condition 
for  receiving  the  Convention;  which,  on  motion  of  Mr. 
Maxcy  Gregg,  was  ordered  to  lie  on  the  table. 

Mr.  Quattlebaum  offered  the  following  resolutions,  which 
were  considered  immediately,  and  were  agreed  to: 

Jusolnd,  That  the  accounts  of  the  Printers  for  this  Con- 
vention l»e  audited  by  the  Comptroller-General,  allowing 
them  the  rates  designated  in  the  Resolution  conferring 
upon  them  their  appointment :  and  that  the  said  accounts, 
when  so  audited,  he  paid  by  the  Treasurer  of  the  Lower 
]  >ivision. 

Resolved,  That  immediately  after  the  Convention  shall 
have  terminated  its  present  session  in  Charleston,  the  sev- 
eral Ordinances  adopted  by  it,  together  with  the  Journal  of 
its  public  proceedings,  be  printed  in  pamphlet  form  ;  and 
thai  five  hundred  copies  be  struck  off,  Wn-  the  use  of  the 
Convention,  to  be  disposed  of  under  the  direction  of  the 
President. 

Mr.  Pressley  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Mesolved,  That  a  Committee  on  Accounts,  to  consist  of 
live  members,  he  appointed  by  the  President. 

Mr.  Caughman  offered  the  following  resolution,  which 
was  considered  immediately,  and  was  referred  to  the  Com- 
mittee on  Printing : 

Itesolced,   That  copies  of  the  Ordinance  of  Seces- 


Convention  of  1860.  81 

sion  and  the  signatures  thereto,  be  photographed  for  the 
use  of  the  members  of  the  Convention. 

V 

Mr.  Magrath  offered  the  following  Ordinance,  which  was 
considered  immediately,  and  was  referred  to  the  Commit- 
tee on  the  Constitution  of  the  State,  and  was  ordered  to  be 
printed : 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  da-lore  and  ordain,  and  it  is  herdn/  declared  and 
ordained,  That  until  otherwise  provided  for  by  the  General 
Assembly  of  the  State  of  South  Carolina,  the  Judges  of 
the  Courts  of  Law  in  this  State  shall  have  and  take  cogni- 
zance of  all  cases  of  admiralty  and  maritime  jurisdiction. 
And  that  the  said  Judges  shall  further  have  jurisdiction  of 
all  offences  under  the  laws  of  the  United  States  relating  to 
the  Post-office  Department,  the  Public  Customs,  Seamen, 
and  offences  upon  the  high  seas.  That  the  laws  of  the 
United  States,  which  were  in  operation  at  the  time  of  the 
secession  of  this  State,  in  relation  to  these  several  offences, 
be  and  are  hereby  retained  as  parts  of  the  laws  of  this  State, 
until  otherwise  provided  for  by  the  General  Assembly  of 
the  State;  saving  and  excepting  therefrom  so  much  as  re- 
lates to  the  Courts  in  which  such  offences  shall  be  tried. 
That  the  said  Judges  shall  have  power  to  appoint  such 
officers  under  them  as  may  be  necessary  for  the  proper  dis- 
charge of  the  duties  herein  provided.  And  that  in  such 
cases  as  have  been  tried  by  a  jury,  the  trial  shall  be  by  a 
jury  according  to  the  mode  of  force  in  this  State  in  relation 
thereto.  And  in  cases  in  the  admiralty  and  maritime  juris- 
diction, in  which  the  trial  by  jury  has  not  been  established, 
the  forms  and  modes  of  proceeding  shall  be  such  as  have 
been  heretofore  in  use  in  Courts  within  this  State,  having 
cognizance  of  such  cases. 

On  motion  of  Mr.  D.  L.  Wardlaw,  Mr.  Magrath  was 
added  to  the  Committee  on  the  Constitution  of  the  State. 

On  motion  of  Mr.  Rhett,  the  Convention  proceeded  to 
the  consideration  of  the  Address  of  the  People  of  South 
6 


82  Journal  of  the 

Carolina,  assembled  in  Convention,  to  the  People  of  the 
Slaveholding  States  of  the  United  States., 

\lr.  Dargan  moved  that  the  Address,  together  with  the 
Declaration  of  the  Causes  which  justify  the  secession  of 

South  Carolina  from  the  Federal  Onion,  be  recommitted  to 
b  Special  Committee,  to  be  composed  of  the  Committee  on 
the  Address,  and  the  Committee  on  the  Declaration;  which 

motion  was  not  agreed  to. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Dunkin,  the  Convention  proceeded  to 
the  consideration  of  the  Report  of  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements,  and  the  Report 
of  the  Minority  of  the  same  Committee ;  which  had  been 
made  the  special  order  of  the  day  for  this  day,  at  one 
o'clock,  p.  M. 

On  motion  of  Mr.  Harllee,  the  special  order  was  dis- 
charged for  thirty  minutes. 

The  Convention  resumed  the  consideration  of  the  Ad- 
dress to  the  People  of  the  Slaveholding  States. 

After  some  time  passed  in  the  consideration  thereof,  the 
Address  was  adopted. 

The  Convention  proceeded  to  the  consideration  of  the 
Declaration  of  the  Causes  which  justify  the  secession  of 
South  Carolina  from  the  Federal  Union. 

Mr.  Gregg  moved  that  the  Declaration  be  ordered  to  lie 
on  the  table;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto?  it  WAS  decided  in  the  negative: 
Yeas,  31 ;  nays,  124. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are: 

Messrs.  Atkinson,  Davis, 

Ayer,  De  Saussure, 

Bonneau,  DuPre, 

Burnet,  Flud, 

Cain,  Furman, 

Calhoun,  Gist, 

Carroll,  Gourdin,  T.  L. 


Convention  of  1860. 


83 


Gregg,  Maxcy 

Palmer, 

Kilgore, 

Parker, 

Kinsler, 

Smith, 

Logan,  ■ 

Snowden, 

Lyles, 

Spain, 

Manigault, 

Timmons, 

Maxwell, 

Tompkins, 

Mazyck, 

Wilson,  J.  H. 

Noble, 

Those  who  voted 

in 

the  negative  are : 

Hon.  D. 

F. 

Jamison, 

President;  and 

Messrs.  Allison, 

Finley, 

Barron, 

Forster, 

Barton, 

Foster, 

Beaty, 

Frampton, 

Bethea, 

Gadberry, 

Bellinger, 

Garlington, 

Bobo, 

Geiger, 

Brabham, 

Glover, 

Brown,  A. 

H. 

Goodwin, 

Brown,  C. 

P. 

Gourdin,  P.  N. 

Caldwell, 

Gregg,  William 

Campbell, 

Grisham, 

Carn, 

Hammond, 

Caughman 

> 

Hanckel, 

Cauthen, 

llarllee, 

Charles, 

Harrison, 

Chesnut, 

Hayne, 

Cheves, 

Henderson, 

Clarke, 

Honour, 

Conner, 

Hopkins. 

Crawford, 

Hunter, 

Curtis, 

Hut  son, 

Dargan, 

Inglis, 

De  Treville, 

Ingram, 

Duncan, 

Jackson, 

Dunkin, 

Jefferies, 

Dunovant, 

A. 

Q. 

Jenkins,  J.  E. 

Dunovant, 

P. 

G.  M. 

Jenkins,  John 

Easley, 

Johnson, 

Ellis, 

-  Keitt, 

Evans, 

Kershaw, 

Fair, 

Kinard, 

84 


Joi  RNAL  OF  THE 


Landrom, 
Lawton, 

Lewis, 

Mc<  Irady, 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Manning, 

Mauldin, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Nowell, 

O'Hear, 

Perrin, 

Pope, 

Porcher, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhodes, 

Richardson,  F.  I). 

Richardson,  J.  P. 

Robinson, 


Rowel], 

Rutledge, 
Scot  i,  ' 

Seabrdok,  E.  M. 
Seabrook,  Gh  W.,  Sr 

Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 

Smvly, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Townsend, 

Wagner, 
Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

Whitnor, 

Williams, 

Wilson,  I.  D. 

Wilson,  W.  B. 
Withers, 
Woods, 
Young.    ' 


So  the  motion  was  not  agreed  to. 

After  sundry  amendments,  the  Declaration  was  adopted, 
and  was  committed  to  the  Engrossing  Committee. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  a  report,  and  reported  "an  Ordi- 
nance to  alter  the  Constitution  of  the  State  of  South  Caro- 
lina, in  respect  to  the  Executive  Department;"  which  was 
ordered  for  consideration  to-morrow,  and  to  he  printed. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Con- 
stitution of  the  State,  reported  an  Ordinance  to  alter  the 
Constitution  of  the  State  of  South  Carolina,  by  striking  out 
certain  words  in  sundry  places;  which  was  ordered  for  con- 
sideration to-morrow,  and  to  be  printed. 


Convention  of  1860.  85 

On  mdtiou  of  Mr.  E.  M.  Seabrook,  leave  of  absence  for 
a  feAv  days  was  granted  to  Mr.  Davant,  on  account  of  sick- 
ness. 

On  motion  of  Mr.  Cheves,  business  was  suspended  at 
twenty-five  minutes  past  four  o'clock,  p.  m.,  until  seven 
o'clock,  P.  M. 

RECESS. 

When  the  President  resumed  the  Chair, 

On  motion  of  Mr.  Dunkin,  an  Ordinance  to  make  pro- 
visional Postal  Arrangements  in  South  Carolina,  was  com- 
mitted to  the  Engrossing  Committee. 

On  motion   of  Mr.  Dunkin,  the   Convention  went   into 

SECRET   SESSION. 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Majority  and  the  Report  of  the  Minority,  of 
the  Committee  on  Commercial  Relations  and  Postal  Ar- 
rangements, in  relation  to  the  Customs;  and  pending  the 
consideration  thereof,  the  Convention  was  adjourned  to 
meet  to-morrow,  at  eleven  o'clock,  A.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convcntvn 


TUESDAY,  DECEMBER  25,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  John  J.  Wannamaker.  The  Clerk 
called  the  Roll,  and  the  following  Delegates  auswered  to 
their  names: 


86 


Journal  of  the 


Messrs.  Allison, 

Furman, 

Atkinson, 

Gadberry, 

Ayi-r. 

Garlington, 

Barron, 

Geiger, 

Barton, 

Gist, 

Booty, 

Glover, 

Bethea, 

Goodwin, 

Bellinger, 

Gourdin.  R.  X. 

Bobo, 

Gourdin,  T.  L. 

Bonneau, 

Gregg,  Maxey 

Brabham, 

Gregg,  William 

Brown,  A.  H. 

Grisham, 

Brown,  C.  P. 

Hammond, 

Burnet, 

Ilanekel, 

Cain, 

Harllee, 

Calhoun, 

Harrison, 

Caldwell,. 

Ilayne, 

Cam, 

Honour, 

Carroll, 

Hopkins, 

Canghmaa,                * 

Hunter, 

Cauthen, 

Hntson, 

Charles, 

Ino-lis, 

Chesnut, 

Ingram, 

Cheves, 

Jackson, 

Clarke, 

Jefferies, 

Conner, 

Jenkins,  John 

Crawford. 

Jenkins,  J.  E. 

Curtis, 

Johnson, 

Dargan, 

Kershaw, 

Davis, 

Kilgore, 

De  Saussure, 

Kinard, 

De  Treville, 

Kinsler, 

Duncan, 

Landrum, 

Dwnkin,           • 

Lawton, 

Dunovant,  A.  Q. 

Lewis, 

Dunovant,  Ii.  G.  M. 

Logan, 

Du  Pre, 

Lyies, 

Ellis, 

Melver, 

Evans, 

McKee, 

Fair, 

MeLeod, 

Finley, 

Maniganlt, 

Find, 

Manning, 

Forster, 

Mauldin, 

Foster, 

Maxwell, 

Frampton, 

Mazyck, 

Convention  of  I860. 


87 


Means, 

Simons, 

Memminger, 
Middleton,  J.  Izard 

Simpson, 
Smvly, 

Middleton,  W. 

Smith, 

Miles, 

Snowden, 

Moore, 

Spain, 

Moorman, 

Spratt, 

Noble, 
Nowell, 

Springs, 
Stokes, 

O'llear, 

Sims, 

Palmer, 
Parker, 

Thompson,  R.  A. 
Thomson,  Thomas 

Perrin, 

Timmons, 

Porcher, 

Tompkins, 

Pressley, 

Townsend, 

Quattlebanm, 

Wagner, 

Rainey, 

Wannamaker, 

Reed, 

Wardlaw,  D.  L. 

Rhett, 

Wardlaw,  F.  H. 

Rhodes, 

Watts, 

Richardson,  F.  D. 

Wier, 

Richardson,  J.  P. 

Whitner, 

Robinson, 

Williams, 

Unwell, 

Wilson,  I.  D. 

Rutledge, 

Wilson,  J.  H. 

Scott, 

Wilson,  W.  B. 

Seabrook,  E.  M. 

Withers, 

Seabrook,  G.  W.,  Sr., 

Woods, 

Sessions, 

Young. 

Shingler,  J.  M. 

The  Journal  of  yesterday's  proceedings  was  read. 

Mr.  Withers  presented  the  report  of  the  Committee  on 
Relations  with  the  Slaveholding  States  of  North  America, 
on  the  various  resolutions  referred  to  them;  winch,  on 
motion  of  Mr.  Smith,  was  made  the  special  order  of  the 
day  for  to-morrow,  at  one  o'clock,  p.  m.,  and  was  ordered 
to  be  printed. 

On  motion  of  Mr.  F.  II.  Wardlaw,  leave  of  absence  from 
and  after  to-morrow,  until  Monday  next,  was  granted  to 
Mr.  William  Gregg,  on  account  of  important  business. 

The  President  presented  to  the  Convention  the  following 
communication,  which  was  ordered  to  be  entered  on  the 
Journal  and  to  be  printed  : 


88  JOURN  LI   OP   THE 

Charlbbton,  December  24,  1860 
lb  th  President  and  Delegates  of  tin  Convention 

of  //<<   Independent  State  of  South  Carolina: 

( ;  i  m  u:mi:x  :  I  have  this  moment  been  Informed  that  you 
did  me  the  honor,  by  Resolution,  to  invite  me  to  a  3ea1  od 
tlir  floor  <>t'  the  Convention.  I  am  wanting  in  language, 
gentlemen,  adequately  to  express  the  feelings  this  very  un- 
expected courtesy  at  your  hands  has  given  rise  to.  In  the 
whole  course  of  life,  nownearing  hall"  a  century — a  life  not 
entirely  devoid  of  incidents  calculated  to  inspire  a  laudable 
manly  pride  —  I  have  never  felt  so  honored  as  in  being 
privileged  to  a  seat  among  those  who,  smarting  under 
wrongs  inflicted  by  the  hands  of  a  perverted  government, 
have,  with  an  unanimity  and  firmness  unparalleled,  broken 
the  link  of  union  with  faithless  confederates,  and  are  en- 
gaged in  the  high,  laudable,  (may  I  not  say)  holy  purpose 
of  improvising  a  government  which  shall  "  confer  the 
greatest  liberty  consistent  with  the  rights,  liberty  and  hap- 
piness of  the  governed."  I  may  say  to  you,  without 
subjecting  myself  to  the  charge  of  treason,  that  I  approve 
of  every  act  of  your  Convention,  in  so  far  as  known  to  me, 
in  every  particular.  Your  Ordinance  is  in  good  taste,  to 
the  point,  and  covers  the  whole  ground. 

Permit  me  to  assure  you,  gentlemen,  that  gallant  little 
Florida  will  be  the  next  to  follow  your  wise  and  patriotic 
lead.  Upon  the  meeting  of  the  Convention,  Florida  will, 
as  certainly  as  anything  in  the  future  can  be  certain,  wheel 
immediately  into  Line  with  the  gallant  old  Palmetto.  "We 
are  identified  with  you  in  interest;  in  feeling,  in  determina- 
tion not  to  submit  to  Black  Republican  rule,  and  a  com- 
mon destiny  must  be  ours. 

I  regret  exceedingly  that  urgent  official  duties,  which  I 
may  not,  in  prudence,  postpone,  will  deprive  me  of  the 
pleasure  of  availing  myself  of  your  kindly  courtesy. 

"With  a  tender  of  my  sincere  thanks,  for  the  honor  con- 
ferred, I  am,  gentlemen, 

Very  respectfully, 

Your  obedient  servant, 

M.  S.  PERRY. 


Convention  of  1860.  89 

The  President  announced  the  following  Committee  on 
Accounts : 

Messrs.  T.  Thomson, 
R.  T.  Allison, 
D.  R.  Barton, 
J.  J.  Brabham, 
A.  J.  Hammond. 

Mr.  Pe  Saussure  presented  the  account  of  P.  B.  Glass, 
for  stationery  furnished  to  the  Convention  during  its  session 
in  Columbia ;  which  was  referred  to  the  Committee  on 
Accounts. 

On  motion  of  Mr.  De  Saussure,  the  account  of  E.  R. 
Stokes  was  taken  up,  and  was  referred  to  the  Committee 
on  Accounts. 

Mr.  Perrin  offered  the  following  resolution,  which,  on 
motion  of  Mr.  Rhett,  was  ordered  to  lie  on  the  table : 

Resolved,  That  this  Convention  take  a  recess  from  and 
after  four  o'clock,  Wednesday,  the  26th  inst.,  until  twelve 
o'clock,  m.,  Wednesday,  the  Kith  day  of  January  next,  unless 
called  together  at  an  earlier  day  by  the  President. 

Mr.  Manigault  offered  the  following  resolution,  which,  on 
motion  of  Mr.  Manigault,  was  ordered  to  lie  on  the  table 
for  the  present : 

Resolved,  That  this  Convention  hereby  instruct  the  Gov- 
ernor to  make,  forthwith,  all  the  preparations  which  may 
be  needed  for  asserting,  by  force,  the  rights  and  jurisdiction 
of  South  Carolina  within  its  territories. 

On  motion  of  Mr.  Simons,  it  was 

Ordered,  That  the  Engrossing  Committee  be  authorized 
to  employ  two  Clerks. 

Mr.  Finley  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 


90  Journal  or  Tin: 

//  '  /.  Thai  copies  of  the  "  Ordinance  of  Secession," 
adopted  by  this  Convention,  and  of  the  "Declaration  pi 
t In-  Immediate  causes  which  induce  and  justify  the  Seces- 
sion of  South  Carolina  from  the  Federal  I  nion,"  and  of 
"  The  Addivss  of  the  People  of  South  Carolina  assembled 
in  Convention  to  the  People  of  the  Slaveholding  States  of 
the  United  States/'  be  transmitted  by  the  Governor  of  this 
State  to  tlif  Governors  of  the  Slaveholding  States  of  the 
United  States,  for  the  information  of  their  respective  Legis- 
latures or  Conventions,  where  Conventions  of  the  People 
have  been  called  in  any  of  the  said  Slaveholding  States. 

On  motion  of  Mr.  Dunkiii,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  Re- 
port of  the  Majority,  and  the  Report  of  the  Minority  of 
the  Committee  on  Commercial  Relations  and  Postal  Ar- 
rangements, in  regard  to  the  Customs. 

Mr.  Maxcy  Gregg  moved  that  the  Ordinance  reported  by 
the  minority  of  the  Committee  be  adopted,  and  the  ques- 
tion being  put,  will  the  Convention  agree  thereto  ?  it  passed 
in  the  negative  : 

Yeas,  16  ;  nays,  121. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative  are  : 
Messrs.  Brown,  C.  P.  Pressley, 

Burnet,  Richardson,  F.  1). 

Dn  Pre,  Scott, 

Gregg,  Maxcy  Seabrook,  G.  W.,  Sr. 

Jenkins,  John  Snowden, 

Kinsler,  Spain, 

Manigault,  Spratt, 

Mazyck,  Wagner, 

Those  who  voted  in  the  negative  are  : 

Hon.  D.  F.  Jamison,  President,  and 

Messrs.  Allison,  Ayer, 

Appleby,  Barron, 

Atkinson,  Barton, 


Convention  of  1860. 


91 


Beaty, 

Betliea, 

Bobo, 

Brabham, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carroll, 

Caughman, 

Cauthcn, 

Chesnut, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Curtis, 

Dargan, 

Davis, 

De  Saussure, 

De  Treville, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

Dunovant,  R.  G.  M. 

Ellis, 

Evans, 

Finley, 

Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Grisham, 

Hammond, 

Hanckel, 

Harllee, 


Harrison, 

Hayne, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Jackson, 

JeiFeries, 

Johnson, 

Kershaw, 

Kinard, 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Lyles, 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Mauldin, 

Means, 

Memminger, 

Middleton,  John  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed, 

Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Rutledge, 


92 


Journal  ob  the 


Seabrook) 

E 

.  M. 

Tompkins, 

ions, 

Towns.  - 1 1 « 1  _ 

Shingler, 

J. 

M. 

Wardlaw,  I).  L 

Shingler, 

w 

.  1'. 

Watts, 

Bimons, 

Wier, 

Simpson, 

Whitner, 

Smyly, 

Williams, 

Smith, 

Wilson,  J.  II. 

Springs, 

Wilson,  W.  B. 

Stokes. 

Withers, 

Thomson, 

Thomas 

"Woods, 

Timmons. 

Young. 

So  the  motion  was  not  agreed  to. 

Mr.  Mazyck  offered  the  following  amendment : 

"Provided  that  such  imports  shall  be  the  products  <>! 
the  said  States." 

Mr.  Memminger  moved  that  the  amendment  be  ordered 
to  lie  on  the  table;  and  the  question  being  put,  will  the 
<  Jonvention  agree  thereto  ?  it  passed  in  the  negative  : 
Yeas,  65 ;  nays,  79. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are : 

Hon.  I).  F.  Jamison,  President;  and 


Messrs.  Barron, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
Calhoun, 
( larroll, 
Caughman, 
( lauthen, 

Charles, 
Chesnut, 

(  'olllHT, 

Crawford, 
( Surtis, 

l)e  Saussure, 
Duncan, 
I  Minkin, 
Dunovant,  R.  G.  M. 


Ellis, 

Evans, 

Foster, 

Garlington, 

Geiger, 

Gourdin,  R.  K 

Grisham, 

Hammond, 

Hanckel, 

Harrison, 

Hay  ne, 

Hunter, 

Ingram, 

Jefferies, 

Kershaw, 

Landrum, 

Lewis, 

McCrady, 


Convention  of  1860. 


93 


Magrath, 

Manning, 

Mauldin, 

Means, 

Memminger, 

Nowdl, 

Perrin, 

Quattlebanm, 

Reed, 

Richardson,  J.  P. 

Robinson, 

Rntledge, 

Sessions. 

Simons, 


Smvlv. 

Smith, 

Springs, 

Thomson.  Thomas 

Tompkins, 

Townsend, 

Wardlaw,  P.  L. 

Wardlaw,  F.  H. 

AVntts, 

Whitner, 

Wilson,  I.  D. 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers. 


Those  who  voted  in  the  negative  are 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barton, 
Bellinger, 
Brown,  C.  P. 
Burnet, 
Caldwell, 
Campbell, 
Cam, 
Cheves, 
Clarke, 
Dargan, 
Davis, 
De  Treville, 
Dn  Pre, 
Fair, 
Finley, 
Find, 
Forster, 
Fnrman, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  T.  L. 
Gregg,  Maxcy 
Ilarllee, 


Honour, 

Hopkins, 
Hutson, 
Inglis, 
Jackson, 

Jenkins,  John 

Johnson, 

Keitt, 

Kilgore, 

Ivinard, 

Kinsler, 

Lawton, 

Logan, 

Lyles, 

M  elver, 

McKee, 

McLetxl, 

Manigault, 

Maxwell, 

Mazyck, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

O'Hear, 

Palmer, 


!'4  Journal  of  the 

Parker,  Simpson, 

Porcher,  Snowden, 

Pressley,  Spain, 

Rainey,  Spratt, 

Rhodes.  Stokes, 

Richardson,  F.  D.  Timmons, 

Rowell,  Wagner, 

Scott.  Wier, 

Seabrook,  E.  M.  Williams, 

Seabrook,  G.  W.,  Sr.  Woods, 

Shingler,  J.  M.  Young. 
Shingler,  A\r.  P. 

So  the  motion  was  not  agreed  to. 

Mr.  Rutledge  offered  the  following  amendment: 

We,  the  People  of  the  State  of  South  Carolina,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained,  that  all  citizens  of  this  State  who, 
at  the  date  of  the  Ordinance  of  Secession,  were  holding 
office  connected  with  the  Customs,  under  the  Government 
of  the  United  States,  within  the  limits  of  South  Carolina, 
be,  and  they  are  hereby,  appointed  to  hold  under  the  Gov- 
ernment of  this  State,  exclusive  of  any  further  connection 
whatever  with  the  Federal  Government  of  the  United 
States,  the  same  offices  they  now  till  until  otherwise  di- 
rected, and  to  receive  the  same  pay  and  emoluments  for 
their  services. 

That  until  this  Convention,  or  the  General  Assembly, 
shall  otherwise  provide,  the  Governor  shall  appoint  to  all 
vacancies  which  may  occur  in  such  offices. 

That  until  otherwise  provided  by  this  Convention,  or  the 
General  Assembly,  the  Revenue,  Collection  and  Naviga- 
tion Laws  of  the  United  States,  so  far  as  they  may  be 
applicable,  be,  and  they  are  hereby,  adopted  and  made  the 
laws  of  this  State,  saving  that  no  duties  shall  be  collected 
upon  imports  from  the  States  forming  the  late  Federal 
Union,  known  as  the  United  States  of  America,  nor  upon 
the  tonnage  of  vessels  owned  in  whole  or  in  part  by  the 
citizens  of  the  said  States;  and  saving  and  excepting  the 


Convention  of  1860.  95 

Act  of  Congress  adopted  the  third  day  of  March,  1817, 
entitled  "An  Act  authorizing  the  deposit  of  papers  of  for- 
eign vessels  with  the  consuls  of  their  respective  nations;" 
which  said  Act  is  hereby  declared  to  be  of  no  force  within 
the  limits  of  this  State. 

That  all  moneys  hereafter  collected  by  an}-  of  the  officers 
aforesaid  shall,  after  deducting  the  sums  necessary  for  the 
compensation  of  officers  and  other  expenses,  be  paid  into 
the  Treasury  of  the  State  of  South  Carolina,  for  the  use  of 
the  said  State,  subject  to  the  order  of  this  Convention,  or 
the  General  Assembly. 

That  the  officers  aforesaid  shall  retain  in  their  hands  all 
property  of  the  United  States  in  their  possession,  custody 
or  control,  subject  to  the  disposal  of  this  State,  who  will 
account  for  the  same  upon  a  final  settlement  with  the  Gov- 
ernment of  the  United  States. 

On  motion  of  Mr.  Cheves,  it  was 

Hesolrcif,  That  fifteen  thousand  copies  be  printed  of  the 
Address  to  the  Southern  States,  the  Declaration  of  Causes, 
and  the  Report  of  the  Committee  on  the  Address  of  Mem- 
bers of  the  General  Assembly  of  Georgia. 

On  motion  of  Mr.  Memminger,  the  Convention  was 
adjourned  at  thirty  minutes  past  ten  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Co?ivcntion. 


WEDNESDAY,  DECEMBER  26,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  II.  Honour. 


«.»».; 


Journal  of  tin: 


The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  nan 


Messrs.    Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
( lampbell, 
Cam, 
Carroll, 
Caughinan, 
Gautnen, 
<  Iharles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davis, 
De  Treville, 
Dozier, 
Duncan, 
Dnnkin, 

Dunovant,  R.  G.  M. 
Du  Pre, 
Easley, 
»     Ellis, 
Evans, 
Fair, 
Finley, 


Plud, 

Foreter, 

Foster, 

Frampton, 

Furman, 

Qadberry, 

( Darlington, 

Geiger, 

Cist. 

( Hover, 

Goodwin, 

Gourdin,  II.  X. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Grisnam, 

Hammond, 

1  [anekel, 

Harllee, 

Harrison, 

I  Inviic. 

I  [enderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

[ngram, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Lyles, 

McCrady, 


Convention  of  1860. 


97 


Mclver, 

Seabrook,  E.  M. 

McKce, 

Seabrook,  Gr.  W.,  S 

McLeod, 

Sessions. 

Magrath, 

Shingler,  J.  M. 

Mauldin, 

Shingler,  W.  P. 

Maxwell, 

Simons, 

Mayes, 

Simpson, 

Mazyek, 

Smvlv. 

Means, 

Smith. 

Memminger, 

Snowden, 

Middleton,  J.  Izard 

Spain, 

Middleton,  W. 

Spratt, 

Miles, 

Springs, 

Moore, 

Stokes, 

Moorman, 

Thompson,  R.  A. 

Noble, 

Thomson,  Thomas 

Nowell, 

Timmons, 

O'Hear, 

Tompkins, 

Palmer, 

Town  send, 

Parker, 

Wagner, 

Perrin, 

Wannamaker, 

Porcher, 

Wardlaw,  I).  L. 

Pressley, 

Wardlaw,  F.  H. 

Quattlebaum, 

Watts, 

Rainey, 

Wier, 

Reed, 

Whitner, 

Rhett, 

Williams. 

Rhodes, 

Wilson,  I.  D. 

Richardson,  F.  D. 

Wilson,  J.  H. 

Richardson,  J.  P. 

Wilson,  W.  B. 

Robinson, 

Withers, 

Rowell, 

Woods, 

Rutledge, 

Young. 

Scott. 

The  Journal  of  yesterday's  proceedings  was  read. 
Mr.  Spain  offered  the  following  resolution,   which,   on 
motion  of  Mr.  Inslis,  was  ordered  to  lie  on  the  table : 


Resolved,  That  the  Governor  be  requested  to  communi- 
cate to  this  Convention,  in  secret  session,  any  information 
he  may  possess  in  reference  to  the  condition  of  Forts 
Moultrie  and  Sumter,  and  Castle  Pinckney  ;  the  number  of 
guns  mounted  and  ready  for  service  in  each  ;  the  number 
1 


98  Journal  of  tiik 

of  workmen  employed  in  each,  and  in  what  kind  of  Labor; 
the  number  of  soldiers,  sailors  and  marines  in  each,  and 
what  addition  (if  any)  has  been  made  (hereto  Bince  the  20th 
inst 

Also,  whether  lu- lias  any  assurance  thai  said  forte  and 
castle  shall  net  be  reinforced;  and  it'  so.  from  what  source 
these  assurances  emanated,  and  what  limit  as  to  time  and 
circumstance  is  attached  thereto. 

Also,  what  police  or  other  regulations  (if  any)  he  has 
made  in  relation  to  the  harbor  of  Charleston  and  the  coast 
of  the  State. 

Mr.  Gist  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to: 

Resolved,  That  lion.  J.  W.  Garrott,  a  Commissioner  from 
the  State  of  Alabama  to  the  State  of  North  Carolina,  be 
invited  to  a  seat  on  the  floor  of  the  Convention. 

On  motion  of  Mr.  Mclver,  leave  of  absence,  on  and  after 
this  day,  until  and  inclusive  of  Monday  next,  was  granted 
to  Mr.  Inglis,  on  account  of  important  business. 

Mr.  A.  II.  Brown  offered  the  following  resolution,  which 
was  referred  to  the  Committee  on  the  Constitution  of  the 
State,  and  was  ordered  to  be  printed : 

Resolved,  That  all  citizens  of  the  United  States,  domi- 
ciled within  this  State  at  the  adoption  of  the  Ordinance  of 
Secession,  to  wit :  the  20th  December,  18G0,  be,  and  the 
same  are  hereby,  declared  citizens  of  South  Carolina,  enti- 
tled to  all  the  privileges  and  subject  to  all  the  liabilities 
incident  thereto. 

On  motion  of  Mr.  Fair,  leave  of  absence  from  and  after 
this  day,  until  Wednesday  next,  was  granted  to  Mr.  Wil- 
liams, on  account  of  sickness  in  his  family. 

Mr.  Kinard  offered  the  following  resolution,  which,  on 
motion  of  Mr.  Lyles,  was  ordered  to  lie  on  the  table: 


Convention  of  1860.  99 

Resolved,  That  this  Convention  take  a  recess  from  and 
after  four  o'clock,  Friday,  the  25th  inst.,  until  two  o'clock, 
P.  If.,  Friday,  the  18th  day  of  January  next,  unless  called 
together  at  an  earlier  day  by  the  President. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  pro- 
ceeded to  the  consideration  of 

An  Ordinance  to  amend  the  Constitution  of  the  State  of 
South  Carolina  in  respect  to  the  Executiye  Department, 
(reported  by  the  Committee  on  the  Constitution  of  the 
State;)  and, 

An  Ordinance  to  alter  the  Constitution  of  the  State  of 
South  Carolina,  by  striking  out  certain  words  in  sundry 
plaees,  (reported  by  the  Committee  on  the  Constitution  of 
the  State:) 

And,  on  motion  of  Mr.  D.  L.  Wardlaw,  the  Ordinances 
were  made  the  special  order  of  the  day  for  this  day,  to  be 
taken  up  as  soon  as  the  business  now  under  consideration 
should  have  been  disposed  of. 

Mr.  Khett  presented  the  following  Ordinance,  which,  on 
motion  of  Mr.  Rhett,  was  made  the  special  order  of  the 
day  for  this  day,  at  one  o'clock,  p.  m.,  in  connection  with 
the  Report  of  the  Committee  on  Relations  with  the  Slaye- 
holding  States  of  North  America;  and  was  ordered  to  be 
printed  : 

AN  ORDINANCE 

Recommending  and  providing  for  a  Convention  of  the 

Slaveholding  States  of  the  United  States,  to  form  the 
Constitution  of  a  Southern  Confederacy. 

Be  if  ordained,  That  this  Convention  recommends  to  the 
Slaveholding  States  which  shall  secede  from  the  Union  of 
the  United  States,  and  to  all  other  Slaveholding  States, 
prepared  to  unite  with  South  Carolina  in  the  formation  of 
a  Southern  Confederacy,  to  hold  a  Conyention  at  Mont- 
gomery, in  the  State  of  Alabama,  on  the  thirteenth  day  of 
February  next,  to  agree  on  the  terms  of  said  Confederacy. 


100  Journal  of  the 

And  be  it  farther  ordained,  That  it  be  recommended  to 
the  said  States  to  appoint,  by  their  respective  Conventions 

or  Legislatures,  as  many  delegates  to  said  Convention,  to 
represent  them  therein,  as  they  have  had,  or  may  have, 
members  in  the  present  Congress  of  the  United  States;  and 
that,  in  the  said  Convention,  the  said  delegates,  in  forming 
the  said  Constitution,  shall  vote  by  States. 

And  be  it  farther  ordained,  That  it  be  recommended  to 
the  said  States,  that  after  the  terms  of  said  Constitution 
shall  be  agreed  on,  in  said  Convention,  the  same  shall  be 
submitted,  at  as  early  a  day  as  practicable,  to  the  Conven- 
tions or  Legislatures  respectively,  which  have  appointed 
the  said  delegates,  in  order  that  the  said  Constitution  may 
be  considered  and  be  ratified  or  rejected  by  said  States. 

And  be  it  further  ordained,  That  in  the  opinion  of  this 
Convention,  the  Constitution  of  the  United  States  should 
constitute  the  basis  of  the  Confederation  of  such  States  as 
shall  withdraw  their  connection  with  the  Government  of 
the  United  States. 

And  be  it  further  ordained,  That  this  Convention  shall 
appoint  by  ballot  eight  delegates  to  represent  the  State  of 
South  Carolina  in  the  Convention  proposed,  to  form  the 
Constitution  of  the  Southern  Confederacy,  and  one  Com- 
missioner to  each  State,  which  shall  call  a  Convention  of 
her  people  together,  in  order  that  the  policy  contained  in 
the  above  Ordinances,  may  be  pressed  on  the  consideration 
of  said  Conventions. 

On  motion  of  Mr.  Dunkin,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Majority  and  the  Report  of  the  Minority  of  the 
Committee  on  Commercial  Relations  and  Postal  Arrange- 
ments, together  with  the  various  amendments  proposed 
thereto : 
.  The  question  being  put,  will  the  Convention  agree  to  the 


Convention  of  1860. 


101 


amendment  offered  by  Mr.  Mazyck?  it  passed  in  the  nega- 
tive : 

Yeas,  46 :   nays,  106. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative  are  : 


Messrs.  Allison, 

Logan, 

Bellinger, 

Mclver, 

Bonneau, 

McKee, 

Brown,  C.  P. 

Manigault. 

Caldwell, 

Mazyck, 

Campbell, 

Middleton,  J.  Izard 

Carn, 

Middleton,  W. 

Clarke, 

Miles, 

Davis, 

Moore, 

l)n  Pre, 

Moorman, 

Fair, 

Palmer, 

Finley, 

Poreher, 

Find, 

Pressley, 

Forster, 

Scott, 

Gist, 

Seabrook,  G.  W. 

Gourdin,  T.  L. 

Shingler,  J.  M. 

Gregg,  Maxey 

Shingler,  W.  P. 

llarllee, 

Snowden, 

Henderson, 

Spain, 

Jackson, 

Spratt, 

Jenkins,  John 

Williams, 

Kinsler, 

Woods, 

Law  ton, 

Y<aing. 

Those  who  voted  in 

the  negative  are : 

Hon.  D.  F. 

Jamison,  President;  and 

Messrs.  Appleby, 

Calhoun, 

Atkinson, 

Carroll, 

Ayer, 

Caughman, 

Barron, 

Cauthen, 

Barton, 

Charles, 

Beaty, 

Chesnut, 

Bethea, 

Cheves, 

Bobo, 

Conner, 

Brabham, 

Crawford, 

Brown,  A.  H. 

Curtis, 

Burnet, 

Dargan, 

Cain, 

De  Saussure, 

102 


JOI  RNAL    OF    THE 


De  Troville, 

I>illic;il), 

Dnnkin, 

Dunovant,  R.  G.  M. 

Easley, 

Ellis, 

Evans, 

Foster, 

Frampton, 

Furman, 

Gadbeny, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Grisham, 

Hammond, 

Hanckel, 

Harrison, 

Ilayne, 

Honour, 

Hopkins, 

Hunter, 

Ilutson, 

Ingram, 

Jefieries, 

Jenkins,  J.  E. 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Landrum, 

Lewis, 

Lyles, 

McCrady, 

McLeod, 

Magrath, 

Manning, 

Maxwell, 

Mayes, 


Means, 

Memminger, 

Noble, 

Nowell, 

O'Hear, 

Parker, 

Perrin, 

Quattlebaum, 

Raimy. 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Robinson, 

Rowel  1, 

Rutledge, 

Seabrook,  E.  M. 

Sessions, 

Simons, 

Simpson, 

Smyly, 

Smith, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

Whitner, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers. 


So  the  motion  was  not  agreed  to. 

Mr.  Johnson  asked  to  record  the  vote  he  would  have 


Convention  of  1860.  103 

given,  if  present,  on  agreeing  to  the  amendment ;  and  Mr. 
Johnson  being  called,  answered  "  No." 

Mr.  Hutson  offered  the  following  amendment,  which  was 
agreed  to  : 

"That  all  vessels  built  in  South  Carolina  or  elsewhere, 
and  owned  to  the  amount  of  one-third  by  a  citizen  or  citi- 
zens of  South  Carolina,  or  of  any  of  the  slaveholding 
commonwealths  of  North  America,  and  commanded  by  a 
citizen  thereof,  and  no  other,  shall  be  registered  as  vessels 
of  South  Carolina,  under  the  authority  of  the  Collector 
and  Naval  Officer." 

Mr.  F.  I).  Richardson  offered  the  following  amendment, 
which  was  agreed  to  : 

"That  all  the  official  acts  of  the  officers  aforesaid,  in  which 
it  is  usual  and  proper  to  set  forth  the  authority  under 
which  the>-  act,  or  the  style  of  documents  issued  by  them, 
or  any  of  them,  shall  be  in  the  name  of  the  State  of  South 
Carolina." 

Mr.  Maxcy  Gregg  offered  the  following  amendment : 

"But  no  duty  shall  exceed  twenty  per  cent,  on  the 
value  of  the  goods  imported." 

Mr.  moved  that  the  amendment  be  ordered  to  lie 

on  the  table  ;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto?  it  passed  in  the  affirmative  : 
Yeas,  110  ;  nays,  34. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative  are  : 

Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Atkinson,  Caldwell, 

Ayer,  Campbell, 

Barron,  Cam, 

Barton,  Carroll, 

Beaty,  Caughman, 

Bethea,  Cauthen, 

Bobo,  Charles, 

Brabham,  Chesnut, 

Brown,  A.  II.  Cheves, 

Cain,  Clarke, 

Calhoun,  Conner, 


104 


JO!  RNAL    OF   THE 


Craw  turd, 

Curtis, 
I  fergan, 
Davant, 
Davis, 

I  »<■  Saussure, 
DeTreville, 
Dunkin, 

Dunovant,  R.  G.  M. 
Easley, 

Evans, 

Fin  ley, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Glover, 

< loodwin, 

Goardin,  It.  N". 

( tourdin,  T.  L. 

Grisham, 

Hammond, 

Hanckel, 

II  a  rl  lee, 
Harrison, 
Hayne, 
Honour, 
Hopkins, 
Hun  tor, 

1 1  ut  son, 

Ingram, 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Land  rum, 

Lawton, 

Logan, 

McCrady, 

MeLeod, 

Mag  rath. 


Manning, 
Maxwell, 
Means, 
Memminger, 

Miles, 

Moorman, 

Noble, 

Nbwell, 

O'Hear, 

Parker, 

Perrin, 

Quattlebaum, 

Etainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Simons, 

Simpson, 

Smyly, 

Smith, 

Springs, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

VTardlaw,  D.  L. 

Wardlaw,  F.  IL 

Watts, 

Wier, 

Whitner, 

Wilson,  L  D. 

Wilson,  J.  II. 

Wilson,  W.  15. 

Young. 


Convention  of  1860. 


105 


Those  who  voted  in  the  negative  are 


Messrs.  Allison, 
Bellinger, 
Bonneau, 
Brown,  C.  P. 
Burnet, 
Du  Pre, 
Ellis, 
Fair, 
Find, 
Forster, 
Gist, 

Gregg.  Maxcy 
Henderson, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinsler, 
Mclver, 


McKee, 

Manigault, 

Mazyck, 

Middleton,  J.  Izard 

Middleton,  W. 

Moore, 

Palmer, 

Pressley, 

Richardson,  F.  P. 

Seabrook,  G.  W. 

Shingler,  W.  P. 

Snowden, 

Spain, 

Spratt, 

Stokes, 

Wagner, 

Woods. 


So  the  motion  was  agreed  to. 

Mr.  Maxcy  Gregg  offered  the  following  amendment: 

"But  the  value  of  all  articles  subject  to  duty,  shall  he 
computed  as  it  was,  at  the  place  whence,  and  the  time 
when,  they  were  exported  ;  and  the  Revenue  Laws  of  the 
late  Government  of  the  United  States,  are  modified  in  their 
application  accordingly." 

Mr.  moved  that  the  amendment  be  ordered  to  lie 

on  the  table;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto?  it  passed  in  the  affirmative : 
Yeas,  117  :   nays,  31. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative  are : 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Allison,  Bobo, 

Appleby,  Brabham, 

Brown.  A.  H. 


Atkinson, 

Aver, 

Barron, 

Barton, 

Beaty, 

Bethea, 


Burnet, 

Cain. 

Caldwell, 

Campbell, 
Carroll, 


HKi  Journal  of  thh 

• 

Caughman,  Kilgore, 

Can  then,  Kinard, 

Chesnut,  Landrum, 

Cheves,  Lawton, 

Clarke.  Lewis, 

daw  turd,  Lvles, 

Curtis,  McCrady, 

Dargan,  McLeod, 

Davant,  Magrath, 

Davis,  Manning, 

DeSaussure,  Mayes, 

DeTreville,  Means, 

Duncan,  ,     Memminger, 

Dunkin,  Miles, 

Dunovant,  R.  G.  M.  Moorman, 

Easley,  Noble, 

Ellis,  Nowell, 

Evans,  O'Hear, 

Finley,  Parker, 

Flud,  Pen-in, 

Foster,  Porcher, 

Frampton,  Qnattlebanm, 

Furman,  Rainey, 

Gadberry,  Reed, 

.    Garlington,  Rhett, 

Geiger,  Rhodes, 

< Hover,  Richardson,  J.  P. 

Goodwin,  Robinson, 

Gourdin,  R.  N.  Rowel  1, 

Gourdin,  T.  L.  Rntledge, 

Grisham,  Scott, 

Hammond,  Seabrook,  E.  M. 

Hanckel,  Sessions, 

Harllee,  Shingler,  J.  M. 

Harrison,  Simpson, 

Ilayne,  Sinvly, 

Honour,  Smith, 

Hopkins,  Springs, 

Hunter,  Stokes, 

Hutson,  Sims, 

Jackson,  Thompson,  R.  A. 

Jefr'eries,  Thomson,  Thomas 

Johnson,  Timmons, 

Keitt,  Tompkins, 

Kershaw,  Townsend, 


Convention  of  1860.  107 

Wannamaker,  Whitner, 

Wardlaw,  D.  L.  Wilson,  I.  I>. 

Wardlaw,  F.  H.  Wilson,  J.  II. 

Watts,  Wilson,  W.  B. 

Wier,  Young. 

Those  who  voted  in  the  negative  are : 

Messrs.  Bonneau,  Mazyek, 

Brown,  C.  P.  Middleton,  J.  Izard 

DuPre,  Middleton,  W. 

Fair,  Moore, 

Forster.  Palmer, 

Gist,  Press]  ey, 

Gregg,  Maxcy  Richardson,  F,  D. 

Henderson,  Seabrook,  <J.  W. 

Jenkins,  John  Shingler,  W.  P. 

Jenkins.  J.  E.  Snowden, 

Kinsler,  Spain, 

Logan,  Spratt, 

Mclver,  Wagner, 

McKee,  Williams, 

Manigault,  Woods. 
Maxwell, 

So  the  motion  was  agreed  to. 

Mr.  Carroll  offered  the  following  amendment: 

Whereas,  it  is  due  to  our  late  confederates  in  the  politi- 
cal Union,  known  as  the  United  States  of  America,  as  also 
to  the  citizens  of  South  Carolina  engaged  in  commerce, 
that  no  abrupt  or  sudden  change  be  made  in  the  rate  oi 
duties  upon  imports  into  this  State ;  and,  whereas,  it  is  not 
desired  by  this  State  to  secure  any  advantage  in  trade  to 
her  own  ports,  above  those  of  any  of  the  slaveholding 
States,  her  late  confederates  in  the  said  Union  ;  and,  where- 
as, this  Ordinance,  for  the  considerations  indicated,  is  de- 
signed to  be  provisional  merely:  Be  it,  therefore,  further 
ordained,  that  this  Ordinance  shall  continue  of  force  until 
the  fifteenth  day  of  February  next,  and  no  longer. 

On  motion  of  Mr.  Withers,  the  preamble  of  the  amend- 
ment ottered  by  Mr.  Carroll  was  agreed  to. 


108 


JOI  RNAL    OF   THE 


Mr.  Reed   moved  that  all  after  the  ordaining  words  of 
the  amendment  offered  by  Mr.  Carroll,  be  ordered  to  lie  on 
table  :  and  the  question  being  put,  will  the  Convention 
agree  thereto?  it  passed  in  the  affirmative: 
Yeas,  90  :  nays,  61. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 


Messrs.  Allison. 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Beat  v. 
Bethea, 
Bobo, 

Brown,  A.  II. 
Calhoun, 
Caldwell, 
Cam, 

Caughman, 
Cauthen, 

Charles, 

Conner, 

Crawford, 

Curtis, 

Davant, 

De  Sanssure, 

Duncan, 

Dunkin, 

Dunovant,  R.  CJ.  M. 

DuPre, 

Easley, 

Ellis," 

Evans, 

Fair, 

Finley, 

Foster, 

Frampton, 

Furman, 

( radberry, 

Garlington, 

Geiger, 

Glover, 


Goodwin, 

Gourdin,  R.  N. 

( J-risham, 

Hanckel, 

Harrison, 

Henderson, 

Hunter, 

Hutson, 

Ingram, 

Jackson, 

Jefferies, 

Johnson, 

Kershaw, 

Kinard, 

Landrum, 

Lawton, 

Lewis, 

McCrady, 

Means, 

Middleton,  J.  Izard 

Miles, 

Moorman, 

Noble, 

Parker, 

Perrin, 

Quattlebaum, 

Kainev, 

Reed, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Rutledge, 

Healtrook,  E.  M. 
Seabrook,  G.  W. 
Sessions, 
Shingler,  W.  P. 


Convention  of  1860. 


109 


Simpson, 

Wardlaw,  I).  L 

Smyly, 

Wardlaw,  F.  H 

Smith, 

Watts, 

Springs, 

Wier, 

Stokes, 

Whitner, 

Thompson,  R.  A. 

Wilson,  LP. 

Thomson,  Thomas 

Wilson,  .!.  II. 

Timmons, 

Wilson,  W.  B. 

Wannamaker, 

Young. 

Those  who  voted  in  the  negati 

ve  are  : 

Hon.  D.  F.  Jamison, 

President ;  and 

Messrs.  Aver, 

Mclver, 

Bellinger, 

McKee, 

Brabham, 

McLeod, 

Brown,  C.  P. 

Magrath, 

Burnet, 

Manigault, 

Cain, 

Maxwell, 

Campbell, 

Mayes, 

Carroll, 

Mazy  ok, 

Cheshut, 

Memminger; 

Cheves, 

Middleton,  W. 

Clarke, 

Moore, 

Dargan, 

Xowell, 

Davis, 

O'Hear, 

De  Treville, 

Porcher, 

Find, 

Pressley, 

Gist, 

Khett, 

Gourdin,  T.  L. 

Rhodes, 

(Jregg,  Maxey 

Richardson.  V. 

Hammond, 

Scott, 

Harllee, 

Shingler,  J.  M. 

Ilayne, 

Simons, 

Honour, 

.  Snowden, 

Hopkins, 

Spain, 

Jenkins,  John 

Bpratt, 

Jenkins,  J.  E. 

Tompkins, 

Keitt, 

Townsend, 

Kilgore, 

Wagner, 

Kinsler, 

Williams, 

Logan, 

Withers, 

Lyles, 

Woods. 

D. 


Bo  the  motion  was  agreed  to. 


no 


Journal  of  the 


Mr.  D.  L.  Wardlaw moved  that  the  amendment  offered 
by  Mr.  Rutledge,  be  adopted  ;  and  the  question  being  put, 
will  the  Convention  agree  thereto?  it  passed  in  the  Affirma- 
tive : 

Yeas,  120:  nays,  29. 

The  yeas  and  nays  were  demanded  and  are  as  follows  : 
Those  who  voted  in  the  affirmative  are: 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Allison, 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 

Brown,  A.  II. 
Burnet, 
( Jain, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 

Caughman, 
Cauthen, 
diaries, 
Chesnvit, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davant, 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 
Dnnkin, 

Dunovant,  R.  G. 
Easley, 
Ellis, 
Evans, 


M. 


Fin  lev. 

Foster, 

Frampton, 

Furman, 

Gadberrry, 

Garlington, 

Geiger, 

( iist. 

Glover, 

Q-oodwin, 

GoUrdin,  R.  N". 

Grisham, 

1  [ammonck, 

Hanckel, 

Harrison, 

1  lavne, 

1  [enderson, 

1  Iononr, 

1  [opkins, 

Hunter, 

1  [utson, 

Ingram, 

Jackson, 

Jefferies, 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Landrum, 

LawTon, 

Lewis, 

Lyles, 

McCrady, 

MeLeod, 


Convention  oe  1860. 


Ill 


Mag-rath, 

Maxwell, 

Mayes, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Parker, 

Perrin, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Rowel), 

Rutledge, 

Seabrook,  E.  M. 


Sessions, 

Simons, 

Simpson, 

Smyly, 

Smith, 

Springs, 

Stokes. 

Thompson.  I\.   A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  1).  L. 

Wardlaw,F.  II. 

Watts, 

AVier, 

Whitnep, 

Williams, 

Wilson.  I.  D. 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers, 

Woods. 


Those  who  voted  in  the  negative  arc 


Messrs.  Appleby, 
Aver, 
Brabham, 
Brown,  C.  P. 
Carroll, 
Du  Pre, 
Fair, 
Flud, 

Gonrdin,  T.  L. 
Gregg,  Maxey 
Harllee, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinsler, 
Logan, 


M  river, 

McKee, 

Maniganlt, 

Mazyck, 

Moore, 

Pressley, 

Scott, 

Seabrook,  G.  W. 

Shingler,  J.  M. 

Shingle*,  W.  P. 

Snowden, 

Spain, 

Spratt, 

Wagner. 


So  the  motion  was  agreed  to. 


1 1-  Journal  ok  the 

<>n  motion  of  Mr.  Memminger,  the  Ordinance  wns  com- 
mitted tn  the  Engrossing  Committee,  and  was  ordered  to 
be  made  public. 

On  motion  of  Mr.  Memminger,  tin'  Convention  was  ad- 
journed. 

B.  F.  ARTHUR, 

( it  rk  of  tfu  ( bnvention. 


THURSDAY,  DECEMBER  27,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  D.  P.  Robinson. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 

Messrs.  Allison,  Davant, 

Appleby,  Davis, 

Atkinson,  De  Treville, 
Barron,  Duncan. 

Barton.  iMmkin, 

Beaty,  Easley, 

Bellinger,  Ellis, 

Bobo,  English, 
Bonneau,  Evans, 

Brown,  A.  II.  Fair, 

Burnet,  Find, 

Calhoun,  Foster, 

Caldwell,  Frampton, 

Campbell,  Furman, 

Cam,  Gadberry, 

( 'aughnian,  ( iarlington, 

Cauthen,  Q-eiger, 

Charles,  Gist, 

Chesnut,  Glover, 

Cheves,  Goodwin, 

Clarke,  ( iourdin,  R.  N. 

Crawford,  Gourdin,  T.  L. 

Dargan,  Gregg,  Maxcy 


Convention  of  I860. 


113 


Grisham, 

Palmer, 

Hammond, 

Parker, 

Hanckel, 

Perrin, 

Harllee, 

Poreher, 

Harrison, 

Pressley, 

Ha  v  ne, 

Quattlebaum, 

Henderson, 

Rainey, 

Honour, 

Reed/ 

Hopkins, 

Richardson,  J.  P. 

Hunter, 

Robinson, 

Hntson, 

Rowell, 

Jackson, 

Rut  ledge, 

Jefferies, 

Scott, 

Jenkins,  John 

Sessions, 

Jenkins,  J.  E. 

Shingler,  J.  M. 

Johnson, 

Shingler,  W.  P. 

Kershaw, 

Simons, 

Kilgore, 

Simpson, 

Kinard, 

Smvlv, 

Kins]  or, 

Smith, 

Landrum, 

Snowden, 

Lawton, 

Spain, 

Lewis, 

Spratt, 

Logan, 

Springs, 

Lyles, 

Stokes, 

M  elver, 

Thompson,  R.  A. 

McKee, 

Thomson,  Thomas 

McLeod, 

Timmons, 

Mauldin, 

Tompkins, 

Maxwell, 

Wagner, 

Mayes, 

Wannamaker, 

Means, 

Wardlaw,  D.  L. 

Memminger, 

Wardlaw,  F.  H. 

Middleton,  J.  Izard 

Watts, 

Middleton,  W. 

Wier, 

Miles, 

Wilson,  I.  D. 

Moore, 

Wilson,  J.  H. 

Moorman, 

Wilson,  W.  B. 

Noble, 

Withers, 

Nowell, 

Woods, 

O'Hear, 

Young. 

The     Journal    of    jTesterday's    proceedings-   was    read. 
Whereupon,  the  Convention  went  into 


114  Journal  of  the 

SECRET  SESSION. 

Mr.  J)e Treville  offered  the  following  resolution,  which 
was  ordered  to  lie  on  the  table  : 

Resolved,  That  the  Governor  of  the  Stale-  be,  and  he  is 
hereby  authorized  and  requested  to  take  immediate  posses- 
sion of  Fort  Moultrie  and  Castle  Pinckney,  and  to  make 
the  necessary  preparation  for  the  recapture  or  destruction 
of  Fort  Sumter. 

On  motion  of  Mr.  F.  II.  Wardlaw,  it  was 

Resolved,  That  his  Excellency  the  Governor  be  invited  to 
attend  the  secret  sessions  of  the  Convention. 

On  motion  of  Mr.  Ilayne,  it  was 

Ordered,  That  a  Committee  of  three  be  appointed  to  wait. 
upon  his  Excellency  the  Governor,  and  inform  him  of  the 
invitation. 

Whereupon,  the  President  appointed  Messrs.  Ilayne, 
Means  and  Rutledge,  of  the  Committee. 

Mr.  Maxcy  Gregg  asked  and  obtained  leave  to  read  a 
communication  from  Hon.  L.  T.  Wigfall. 

His  Excellency  the  Governor  attended  and  addressed  the 
Convention. 

On  motion  of  Mr.  De  Treville,  it  was 

Resolved,  That  the  Governor  be  requested  and  authorized 
to  take  possession,  forthwith,  of  the  Telegraph  Office  in 
this  city,  and  prevent  all  communication  between  the  city 
and  Fort  Sumter. 

Mr.  R.  N.  Gourdin  asked  and  obtained  leave  to  read  a 
communication  from  Major  Anderson,  Commandant  at  Fort 
Sumter ;  and, 


Convention  of  1860.  115 

On  motion  of  Mr.  Memminger,  Mr.  R.  X.  Gourdin  was 
appointed  a  Committee  to  transmit  the  communication  to 
his  Excellency  the  Governor. 

Mr.  Cheves  offered  the  following  resolution,  which,  on 
motion  of  Mr.  Memminger,  was  ordered  to  lie  on  the 
table : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
occupation  of  Fort  Sumter  ought  at  once  to  be  regarded  as 
an  authorized  occupation,  and  vigorous  military  defences 
provided  immediately. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  a  report,  and  reported  : 

An  Ordinance  concerning  Judicial  powers;  and 

An  Ordinance  concerning  powers  lately  vested  in  the 
Congress  of  the  United  States  ; 

Which,  on  motion  of  Mr.  D.  L.  Wardlaw,  were  made 
the  special  order  of  the  day  for  to-morrow,  at  twelve  o'clock, 
m.,  and  were  ordered  to  be  printed. 

SPECIAL  ORDER. 

On  motion  of  Mr.  D.  L.  Wardlaw,  "the  Convention  pro- 
ceeded to  the  consideration  of  an  Ordinance  to  amend  the 
Constitution  of  the  State  of  South  Carolina,  in  respect  to 
the  Executive  Department,  which  had  been  made  the  spe- 
cial order  of  the  day,  for  this  day. 

Mr.  Maxcy  Gregg  offered  the  following  amendment, 
which,  on  motion  of  Mr.  Memminger,  was  ordered  to  lie 
on  the  table : 

"He  may,  in  like  manner,  remove  the  officers  whose 
appointment  is  vested  in  him;  but  such  removal  shall  be 
subject  to  the  consent  of  the  Senate  ;  and  if  made  during 
a  recess,  and  afterwards  disapproved  of,  the  officer  shall  be 
restored  to  office." 

Mr.  Spratt  offered  the  following  amendment,  which  was 
ordered  to  lie  on  the  table  : 


116  JoruN.w.  ok  Tin: 

••  Provided  that  all  the  officers  bo  appointed,  other  than 
Ambassadors,  Ministers,  Consuls  and  Agents,  hold  their 
offices  daring  good  behavior." 

Mr.  A.  II.  Brown  offered  the  following  amendment  : 

That  the  Governor  shall  immediately  appoint  four  per- 
sons, with  the  advice  and  consent  of  this  Convention  during 

its  existence,  who.  together  \\ith  the  Lieutenant-Governor, 
shall  form  a  Council,  to  he  called  the  Executive  Council, 
whose  duty  it  shall  be,  when  required  by  the  Goveruor,  to 
advise  with  him  upon  all  matters  which  may  he  submitted 
to  their  consideration  ;  and  that  a  record  of  such  consulta- 
tions shall  he  kept  ;  and  that  on  and  after  the  dissolution 
of  this  Convention,  the  said  appointments  shall,  from  time 
to  lime,  he  made  by,  and  with  the  consent  of,  the  Senate  : 
provided,  nevertheless,  that  the  Governor  shall,  in  all  cases, 
decide  upon  his  own  action. 

Mr.  Brown  withdrew  his  amendment. 

Mr.  Chesnut  offered  the  following  amendment : 

That  the  Governor,  with  the  advice  and  consent  of  (his 
Convention,  until  it  shall  he  dissolved,  and  after  its  disso- 
lution, with  the  advice  and  consent  of  the  Senate,  shall 
appoint  a  Cabinet,  consisting  of  Secretaries  of  State,  oi' 
War,  Navy,  Treasury,  and  the  Attorney-General. 

Mr.  Chesnut  withdrew  his  amendment. 

Mr.  De  Treville  moved  to  amend  the  last  clause  of  the 
Ordinance,  so  as  to  read  "that  four  persons  shall  he  imrne- 
diately  elected  by  this  Convention,  who,  together  with  the 
Lieutenant-Governor,  shall  form  a^Council,  to  he  called  the 
Executive  Council,  whose  duty  it  shall  he,  when  required 
by  the  Governor,  to  advise  with  him  upon  all  matters  which 
may  he  submitted  to  their  consideration;  and  that  a  record 
of  such  consultations  shall  he  kept:  provided,  neverthe- 
less, that  the  Governor  shall,  in  all  cases,  decide  upon  his 
own  action. 


Convention  of  1860.  117 

On  motion  of  Air.  D.  L.  Wardlaw,  the  amendment  was 
ordered  to  lie  on  the  table. 

The  Ordinance  was  adopted  ;  was  ordered  to  be  en- 
grossed, and  to  be  signed  by  the  President  and  the  Clerk. 

SPECIAL  ORDER. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  pro- 
ceeded to  the  consideration  of  an  Ordinance  to  alter  the 
Constitution  of  the  State  of  South  Carolina,  by  striking 
out  certain  words  in  sundry  places,  which  had  been  made 
the  special  order  of  the  day.  for  this  day. 

The  Ordinance  was  agreed  to;  was  ordered  to  lie  en- 
grossed, and  to  be  signed  by  the  President  and  the  Clerk. 

Mr.  I).  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  a  report;  and  reported, 

An  Ordinance  to  define  and  punish  treason;  and 

An  Ordinance  concerning  citizenship;  which,  on  motion 
of  Mr.  D.  L.  Wardlaw,  were  made  the  special  order  of  the 
day  for  to-morrow,  at  one  o'clock,  p.  m.,  and  were  ordered 
to  be  printed. 

Mr.  Williams  Middleton  offered  the  following  resolution: 

Resolved,  That  his  Excellency  the  Governor  be  author- 
ized to  accept,  in  his  discretion,  the  services  of  volunteers 
from  the  State  of  Georgia,  or  elsewhere,  who  may  tender 

the  same. 

Mr.  Glover  offered  the  following  amendment: 

Resolved,  That  the  Governor,  at  his  discretion,  may  re- 
ceive aid  and  assistance  to  this  State,  and  volunteers  from 
abroad;  looking  carefully  to  the  exigency  of  circumstances 
and  avoiding  unnecessary  expense:  and  that  the  Governor 
be  authorized  and  requested  to  present  the  thanks  of  this 
Convention  to  such  volunteers  as  may  offer  their  services. 

Mr.  John  Izard  Middleton  offered  the  following  amend- 
ment: 


1 1  s  Journal  of  thk 

That  the  Governor  be  requested  to  adopt  measures  im- 
mediately to  prevent  any  reinforcements  from  being  intro- 
duced into  any  one  of  the  forta  of  Charleston  harbor,  and 
that  he  cause  batteries  to  be  erected  on  Sullivan's  Island, 
Morris'  Island  and  .lames'  Island,  in  order  to  prevent  the 
entrance  <>t'  any  vessel  of  war  belonging  to  the  late  Gov- 
ernment of  the  United  States;  and  further,  that  he  be 
required  to  take  possession  oi'  Castle  Pinckney  and  Fort 
Johnson. 

Mr.  Cheves  oft'ered  the  following  amendment: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  it 
would  be  unwise  to  presume  the  supposed  occupation  of 
Fort  Sumter  to  be  an  unfounded  rumor,  or  an  act  unau- 
thorized by  the  Federal  Government;  and  that  prudence 
demands  that  immediate  vigorous  military  measures  should 
be  taken  by  the  Governor  in  accordance  with  these  views, 
until  they  are  modified  by  further  information. 

On  motion  of  Mr.  D.  L.  Wardlaw,  all  the  amendments 

proposed  were  ordered  to  lie  on  the  table;  and  the  resolu- 
tion offered  by  Mr.  Glover  was  agreed  to. 

Mr.  Memminger  ottered  the  following  resolution: 

Resolved,  That  in  the  opinion  of  this  Convention,  it  is 
advisable  that  any  volunteers,  who  may  arrive  in  Charles- 
ton from  our  sister  States,  be  united  by  the  Governor  with 
our  own  troops  in  any  movements  which  lie  may  deem 
advisable  tor  taking  possession  of  Sullivan's  Island. 

Mr.  Memminger  withdrew  his  resolution. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  was 
adjourned  at  half-past  three  o'elock,  p.  m. 

13.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1860. 


119 


FRIDAY,  DECEMBER  28,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  B.  F.  Mauldin. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Beatv, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Crawford, 
Curtis, 
Dargan, 
Davant, 
Davis, 
Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
Du  Pre, 
Easley, 


Ellis, 

English, 

Evans, 

Fair, 

Fin  lev, 

Flud, 

Foster, 

Frampton, 

Furman, 

Gad  berry, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Grisham, 

Hammond, 

Hanckel, 

Harllee, 

Harrison, 

Ilavne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Jackson, 

JefFeries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Keitt, 


L20 


Journal  of  the 


Kershaw, 
Kilgore, 

Kinard, 

KiiisK'r. 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Lyles, 

Mr  Ivor. 

McKee, 

McLeod, 

Magrath, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Memminger, 
Middleton,  J.  Izard 
Middleton,  W. 
Moore, 
Moorman, 
Noble, 

Newell. 

O'Hear, 

Parker, 

Perrin, 

Poreher, 

Pres8ley, 

Quattlebaum, 

Rainey, 

Reed, 


Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Rutledge, 

Scott,  ' 

Seabrook,  Gh  W.,  Sr. 

Sessions, 

Shingler,  W.  P. 

Simons. 

Simpson, 

Smith, 

Snowden, 

Spain, 

Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins. 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Walts, 
Wier, 

Wilson,  T.  D. 
Wilson,  J.  II. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


The  Journal  of  yesterday's  proceedings  was  read. 

Mr.  A.  T.  Darby,  delegate  from  St.  Matthew's,  appeared 
at  the  Clerk's  desk,  produced  his  credentials,  signed  the 
Roll,  and  took  his  seat. 

On  motion  of  Mr.  Glover,  it  was 

Resolved,  That  Mr.  A.  T.  Darby  have  leave  to  sign  the 
Ordinance  of  Secession. 


The  President  laid  before  the  Convention  the  following 


Convention  of  18G0.  121 

communication,  which  was  ordered  to  be  entered  on  the 
Journal  and  to  be  printed : 

To  the  Hon.  the  President  and  Members  of  the 

Convention  of  the  Independent  State  of  South  OaroUna: 

Gentlemen:  I  am  to-night  informed,  that  a  resolution 
was  this  day  adopted,  inviting  me  to  a  seat  on  the  floor  of 
your  Convention.  For  the  compliment  thus  paid  my  State, 
in  my  person,  please  accept  my  grateful  acknowledgments. 
I  regret  that  engagements  elsewhere  imperatively  forhid 
the  enjoyment  of  your  proffered  courtesy. 

Intelligence  received  to-night  makes  "assurance  doubly 
sure,"  that  Alabama  stands  by  the  side  of  South  Carolina, 
prepared  to  -hare  with  her  a  common  destiny. 

Information,  obtained  on  diligent  inquiry  in  the  last  few 
days,  justifies  me  in  saying,  that  the  gallant  sons  of  North 
Carolina,  and  Virginia,  are  now  ready  to  rally  around  the 
standard  of  Southern  Rights  and  Honor,  which  you  have 
so  gloriously  reared  :  and  that  those  two  States  will  also  be 
members,  in  all  probability,  of  the  Great  Southern  Confed- 
eracy  by  the  4th  of  next  March.  The  other  Slave  States 
must,  sooner  or  later,  take  the  same  course,  or  be  involved 
in  inevitable  ruin.  To  the  bold,  deliberate,  and  decisive 
action  of  your  body,  are  the  people  of  the  South  indebted 
for  the  great  movement  which  must  end  in  the  vindication 
of  their  rights;  and  the  future' historian  must  award  to 
South  Carolina  the  honor  of  leadership  in  carrying  out  the 
measures  destined  to  release  them  from  the  wrongs  and 
oppressions  under  which  they  have  so  long  and  so  patiently 
suffered. 

With  sentiments  of  profound  consideration,  I  am, 
Most  respectfully, 

.1.  W".  GARROTT. 

Charleston,  December  26,  1800. 

Cn  motion  of  Mr.  Magrath,  Leave  of  absence  was  granted 
to  Mr.  Conner,  on  account  of  sickness. 


122  Journal  of  the 

On  motion  of  Mr.  Carroll,  leave  of  absence  was  granted 
to  Mi'.  Hammond,  on  account  of  indisposition. 

On  motion  of  Mr.  Atkinson,  Leave  <>f  absence  was  grant- 
ed to  Mr.  Forster,  on  accounl  of  illness  in  his  family. 

On  motion  of  Mr.  Reed,  leave  of  absence  was  granted  to 
Mr.  Mauldin.  on  account  of  illness  in  his  family. 

O.i  linuion  of  Mr.  \V.  P.  Shingler,  Leave  of  absence  was 
granted  to  Mr.  J.  M.  Shingler,  on  accounl  of  indisposition. 

On  motion  of  Mr.  Rhctt,  the  Convention  proceeded  to 
the  consideration  of  an 

Ordinance,  Recommending  and  providing  for  a  Conven- 
tion of  the  Slaveholding  States  of  the  United  States,  to 
form  the  Constitution  of  the  Southern  Confederacy  :  and 

The  Report  of  the  Committee  on  Relations  with  the 
Slaveholding  States  of  North  America; 

And,  pending  the  consideration  thereof, 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  went 
into 

SECRET  SESSION. 

The    President   laid  before  the   Convention   certain  de- 
spatches received  from  the  Commissioners  to  Washington. 
Mr.  Magrath  offered  the  following  resolutions: 

Resolved,  That  the  transfer  of  the  garrison  from  Fort 
Moultrie  to  Fort  Sumter,  pending  the  negotiations  at 
Washington,  between  the  Commissioners  of  this  State  and 
the  President  of  the  United  States,  accompanied  as  it  was 
by  the  destruction  of  public  property,  is  to  he  regarded  as 
an  act  of  hostility. 

Resolved,  That  this  Convention  approves  the  conduct  of 
the  Governor  in  taking  immediate  possession  of  Castle 
Pinckney  and  Fort  Moultrie,  and  of  holding  these  places 
henceforth  in  the  name  of  this  State;  and  that  the  Com- 
missioners of  this  State  at  Washington  he  now  requested 
to  present  to  the  President  of  the  United  States  the  neces- 
sity for  the  immediate  withdrawal   of  the  troops  of  the 


Convention  of  1860.  123 

United  States  at  Fort  Sumter,  and  the  possession  of  that 
Fort  by  this  State,  as  necessary  for  the  peace  of  the  State 
and  the  protection  of  property  within  its  limits. 

Mr.  Keitt  moved  to  amend  the  resolution  by  striking  out 
the  words:  "and  of  holding  these  places  henceforth  in  the 
name  of  this  State." 

Mr.  D.  L.  Wardlaw  offered  the  following  amendment: 

Resolved,  That  in  reference  to  Forts  Moultrie  and  Sumter, 
troops  of  the  United  States  have  committed  acts  of  hostility 
against  this  State,  in  violation  of  the  understanding  to  which 
this  State,  in  the  hope  of  preserving  peace,  lias  carefully 
adhered. 

That  if  upon  the  disavowal  of  those  acts  by  the  President 
of  the  United  States,  matters  shall  he  restored  to  the  status 
ante  helium,  this  Convention  will  expect  the  Governor,  by 
employment  of  State  force's  and  other  suitable  means,  to 
insure  the  safety  of  the  United  States  troops  against  all 
violence,  when  those  troops  shall  have  returned  to  Fort 
Moultrie,  which  they  have  partially  dismantled;  and  that 
if  the  restoration  shall  be  ordered,  our  Commissioners  at 
"Washington  be  requested  to  proceed  in  the  duty  assigned 
to  them  ;  otherwise,  to  return  home. 

Mr.  Wardlaw  withdrew  his  amendment. 

Mr.  moved  that  the  resolutions  and  the  amend- 

ment be  ordered  to  lie  on  the  table ;  and  the  question  being 
put,  will  the  Convention  agree  thereto  ?  it  passed  in   the 

affirmative : 

Yeas,  111  ;  nays,  40. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are  : 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.    Allison,  Beaty, 

Appleby,  Bethea, 

Ayer,    '  Bellinger, 

Barron,  Bobo, 

Barton,  Brabham, 


124 


JOURN  \I.   OB   THB 


Brown,  A.  II. 
( !aiu, 
Calhoun, 

( 'aru, 

Carroll, 

( !aughman, 

( !hesnut, 

( !hev<  9, 

( !larke, 

( Jurtis, 

Darby, 

Davant, 

hi-  Saussure, 

DeTreville, 

Duncan, 

Dunkin, 

Duuovant,  A.  Q. 

DuPre, 

Ellis, 

English, 

Evans, 

Finley, 

Flud, 

Foster, 

Frampton, 

Furman, 

Garlington, 

( reiger, 

(  i  lover, 

( roodwin, 

Gourdin,  Et.  K 

Gourdin,  T.  L. 

( Wegg,  Ma\c) , 

Grisnam, 

Hammond, 

Hanckel, 

Harrison, 

I  lav  no, 

Hopkins. 

Hunter, 

II ul son, 

[ngram, 

Jefteries, 

Jenkins,  J.  E. 

Johnson, 


K  sitt, 
Kershaw, 

Kinsler, 

Landrum, 

Lawton, 

Lewis, 

L\  le 

McCrady, 

McKee, 

McLeod, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Memminger, 

Mil.--. 

Moore, 

Noble, 

Lowell, 

I  Vrrin, 

Pope, 

Quattlebaum, 

Rainey, 

Heed, 

Rhett, 

Rhodes, 

Richardson,  J.  1\ 

Robinson, 

Rowell, 

Beabrook,  E.  M. 

Sessions, 

Shingler,  \Vr.  V. 

Si  in  |  .son, 

Smyly, 

Snowden, 

Spain, 

Springs, 

Thompson,  It.  A. 

Thomson,  Thomas 

Tipimons, 

Tompkins, 

Townsend, 

Wannamaker, 


Convention  of  1860.  12o 

Wardlaw,  P.  L.  Wilson,  J.  II. 

Wardlaw,  F.  H.  Wilson,  W.  B. 

Watts,  Withers, 

Wier,  Woods, 

Wilson,  I.  D.  Young. 

Those  who  voted  in  the  negative  are  : 

Messrs.    Atkinson.  Logan, 

Bonneau,  Mclver, 

Brown,  C.  P.  Magrath, 

Burnet,  Middleton,  J.  Izard 

Caldwell,  Middleton,  W., 

Campbell,  Moorman, 

Cauthen,  O'Hear, 

Crawford,  Palmer, 

Dargan,  Parker, 

Davis,  Porcher, 

Fair,  l'ressley, 

Gadberry,  Richardson.  F.  D. 

Gist.  Rutledge, 

Ilarllee.  Scott, 

Henderson,  Seabrook,  G.  W.,  Sr. 

Honour.  Simons, 

Jackson,  Smith, 

Jenkins,  John  Spratt, 

Kilgore,  Stokes, 

Kinard,  Wagner. 

On  motion  of  Mr.  Bobo,  leave  of  absence  until  Wednes- 
day next,  was  granted  to  Mr.  Curtis  on  account  of  impor- 
tant business. 

The  Convention  resumed  the  consideration  of  an  Ordi- 
nance recommending  and  providing  for  a  Convention  of 
the  Slaveholding  States  of  the  United  States,  to  form  the 
Constitution  of  a  Southern  Confederacy:  and 

The  Report  of  the  Committee  on  Relations  with  the 
Slaveholding  States  of  North  America. 

Mr.  Memminger  moved  to  strike  out  the  resolutions  re- 
ported by  the  Committee,  and  insert,  in  the  form  of  reso- 
lutions, the  Ordinance  recommending  and  providing  for  a 
Convention  of  the  Slaveholding  States  of  the  United  States 
to  form  tin'  Constitution  of  a  Southern  Confederacy. 


12G  Journal  of  thi: 

Mr.  Hayne  moved  that  the  Ordinance  be  ordered  to  lie 
on  the  table. 

On  motion  of  Mr.  Means,  leave  of  absence,  until  Wednes- 
day next,  was  granted  to  Mr.  Lyles,  on  account  of  sickness 
in  his  family. 

On  motion  of  Mr.  DeSaussure,  leave  of  absence,  until 
Wednesday  next,  was  granted  to  Mr.  Hopkins,  on  account 
of  important  business. 

On  motion  of  Mr.  Maxcy  Gregg,  the  Convention  was 
adjourned  at  half-past  three  o'clock,  P.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


SATURDAY,  DECEMBER  29,  18G0. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  D.  C.  Appleby. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 

Messrs.  4-lWson,  Cam, 

Appleby,  Carroll, 

Atkinson,  Caughman, 

Barron,  Cauthen, 

Barton,  Charles, 

Beaty,  •  Chesnut, 

Bethea,  Cheves, 

Bellinger,  Clarke, 

Bonneau,  Crawford, 

Brabham,  Darby, 

lb-own,  A.  IT.  Dargan, 

Brown,  C.  P.  Davant, 

Cain,  Davis, 

Calhoun,  De  Saussure, 

Caldwell,  Dunkin, 

Campbell,  Du  Pre, 


Convention  of  1860. 


127 


Easley, 

Ellis, 

English, 

Evans, 

Fair, 

Flucl, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N". 

Gonrdin,  T.  L. 

Gregg,  Maxcy 

Grisham, 

Hanckel, 

Ilarllee, 

Harrison*, 

llavne, 

Henderson, 

Honour, 

Hunter, 

llntson, 

Jackson, 

Jcrlcries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Ivilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 

Logan, 

McCrady, 

Mclver, 

McKee, 

MeLcod, 

Maxwell, 

Mayes, 


Mazyck, 

Memrainger, 

Middleton,  J.  Izard 

Middleton,  W. 

Moore, 

Moorman, 

Noble, 

Nowell, 

OH  oar, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Robinson, 

Rowell, 

Scott, 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smvly, 

Smith, 

Snowdem, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Wannamaker, 

Wardlaw,  D.  L. 

AVardlaw,  F.  11. 

Watts, 

Wier, 


!  28  Journal  of  xhs 

Wilson,  I.  1>.  Withers. 

Wilson,  .1.  !l.  Woods, 

Wilson,  W.  B.  Young. 

The  Journal  of  yesterday's  proceedings  was  read. 

The  President  Laid  before  the  Convention  the  following 
communication;  which,  on  motion  of  Mr.  Dunkin,  was 
ordered  to  lie  on  the  table : 

Collector's  Office,  Charleston,  S.  C. 
December  28,  1860. 
J  Ion.  I>.  F.  Jamisojt, 

President  of  th  <  invention: 

Sir:  I  beg  leave,  respectfully  to  inform  the  Convention, 
that,  in  obedience  to  the  Ordinance  passed  on  the  26th  inst., 
all  tin-  officers  attached  to  this  Custom  House,  entered 
yesterday  into  the  service  of  the  State,  and  that  I  then 
commenced  to  receive  duties  and  to  transact  all  other  busi- 
ness as  Collector  of  the  State  of  South  Carolina  for  the 
Toil  and  District  of  Charleston. 

1   have  the  honor  to  he 

Very  respectfully, 

Yonr  obedienl  servant, 

W.  F.  COLCOCK, 
Collector  of  South.  Carolina,  for  tin   "Port  and 

District  of  Charleston. 

Mr.  D'unkin  offered  the  following  Resolution: 

Eesoloed,  That, until  otherwise  ordered,  the  Collectors  of 
the  Torts  in  the  State,  he  authorized  to  receive  payment  of 
duties  in  hills  of  the  hanks  of  this  State. 

And,  pending  the  consideration  thereof,  a  message  was 
received  Prom  his  Excellency,  the  Governor; 
Whereupon,  tic  Convention  went  into 

SECRET  SKSSrON. 
The    following   communication  was    received   from   his 


Convention  of  1860.  129 

Excellency  the  Governor,  and  was  ordered  to  lie  on  the 
table : 

Executive  Department, 
Charleston,  28  December,  1860. 
To  Hon.  D.  F.  Jamison, 

President  of  the  Convention : 

Sir:  As  the  Convention  sent  for  me  yesterday,  to  be 
informed  upon  important  business,  I  take  the  occasion  to 
say,  that,  under  my  order,  Castle  Pinckney  was  taken  last 
evening;  and  the  United  States  flag  hauled  down,  and  the 
Palmetto  banner  run  up  in  its  place.  And  I  also  ordered 
a  detachment  from  an  artillery  regiment  to  occupy  Sulli- 
van's Island;  and  if  it  could  be  done  without  any  imme- 
diate danger  from  mines,  or  too  great  loss  of  life,  to  take 
Fort  Moultrie,  and  to  run  up  the  Palmetto  flag,  and  put 
the  guns  in  immediate  preparation  for  defence.  I  have 
now  full  possession  of  those  two  forts.  I  considered  the 
evacuation  of  Fort  Moultrie,  under  all  the.  circumstances,  a 
direct  violation  of  the  distinct  understanding  between  the 
authorities  of  the  Government  at  Washington  and  those 
who  were  authorized  to  act  on  the  part  of  the  State,  and 
bringing  on  a  state  of  war. 

I,  therefore,  thought  it  due  to  the  safety  of  the  State  that 
I  should  take  the  steps  I  have.  I  hope  there  is  no  imme- 
diate danger  of  further  aggression  for  the  present. 

Respectfully, 

F.  W.  PICKETS. 

The  Convention  resumed  the  consideration  of  the  fol- 
lowing resolution: 

Resolved,  That  until  otherwise  ordered,  the  Collectors  of 
the  ports  in  this  State  be  authorized  to  receive  payment  of 
duties  in  bills  of  the  banks  of  this  State. 

Mr.  Cheves  offered  the  following   amendment,   which, 
on  motion  of  Mr.  lleed,  was  ordered  to  lie  on  the  table: 
9 


130  Journal  of  the 

Strike  out  the  words  Hulls  of  the  banks  of  this  State," 
and  insert  "in  such  moneys  as  shall  be  receivable  in  pay- 
ment of  State  taxes." 

Mr.  Memminger  offered  the  following  amendment: 

Provided,  That  no  bank  notes  be  accepted  by  the  Collec- 
tors which  are  below  the  par  value  of  the  notes  of  the 
Bank  of  the  State  of  South  Carolina. 

Mr.  Chesnut  moved  that  the  amendment  be  ordered  to 
lie  on  the  table,  which  motion  was  not  agreed  to. 

Mr.  F.  II.  Wardlaw  moved  that  the  resolution  be  ordered 
to  lie  on  the  table,  which  motion  was  not  agreed  to. 

The  amendment  was  agreed  to;  and  the  resolution  as 
amended  was  agreed  to,  and  was  ordered  to  be  made 
public. 

The  President  laid  before  the  Convention  a  despatch 
from  the  Commissioners  at  Washington. 

Mr.  Simons  offered  the  following  resolution:  which  was 
considered  immediately,  and  was  agreed  to,  and  was  or- 
dered to  be  made  public: 

Resolved,  That  the  President  of  this  Convention  be  re- 
quested to  transmit  to  his  Excellency  the  Governor  and  to 
the  General  Assembly  of  this  State,  at  its  session,  copies  of 
the  Ordinances  which  have  been  and  may,  from  time  to 
time,  be  adopted  by  this  body. 

Mr.  Dc  Treville  offered  the  following  resolution;  which, 
on  motion  of  Mr.  Ilarllce,  was  ordered  to  lie  on  the  table 
and  to  be  printed. 

Resolved,  That  the  Governor  be  authorized  and  requested 
forthwith  to  cause  to  be  enlisted  into  the  service  of  the 
State,  for  the  term  of  six  months,  at  such  rate  of  compen- 
sation and  emolument  as  is  now  allowed  by  the  Federal 
Government  to  its  infantry  soldiers,  two  regiments  of  six 


Convention  of  1860.  181 

hundred  and  forty  privates  each,  to  be  divided  into  eight 
companies  each;  and  also  that  he  do  appoint  suitable  per- 
sons to  command  the  said  regiments  and  companies,  and 
supply  all  vacancies  from  time  to  time,  subject  to  the  ap- 
proval of  the  Senate. 

Resolved,  further,  That  as  soon  as  a  sufficient  number  of 
companies  shall  be  enlisted,  officered  and  properly  drilled, 
they  be  employed  to  relieve  the  volunteers  now  in  posses- 
sion of  the  forts  in  this  State. 

Mr.  Thomas  Thomson  offered  the  following  resolutions; 
which  were  considered  immediately,  and  were  agreed  to: 

Resolved,  That  it  shall  be  the  duty  of  the  Committee  on 
Accounts  to  examine  and  report  upon  the  accounts  and 
contingent  expenses  of  this  Convention. 

Resolved,  That  whenever  an  appropriation  therefor  shall 
be  made  by  the  Legislature,  the  President  of  the  Conven- 
tion be  authorized  to  draw  his  warrant,  or  warrants,  on  the 
Treasury,  countersigned  by  the  Cashier  or  Deputy  Cashier, 
for  the  payment  of  such  accounts  and  contingent  expenses 
as  may  be  allowed  by  the  Convention. 

Mr.  Thomas  Thomson,  from  the  Committee  on  Ac- 
counts, made  reports, 

On  the  account  of  P.  B.  Glass,  for  stationery;  and 

On  the  account  of  E.  R.  Stokes,  for  articles  furnished 
and  services  rendered;  which  were  considered  immedi- 
ately, and  were  agreed  to. 

Mr.  Porcher  presented  certain  accounts  contracted  by 
the  Committee  of  Arrangements,  for  preparing  the  Hall 
for  the  Convention;  which  were  referred  to  the  Committee 
on  Accounts. 

On  motion  of  Mr.  llarllee,  leave  of  absence,  till  Tuesday 
next,  was  granted  to  Mr.  Dargan,  on  account  of  illness  in 
his  family. 

Mr.  A.  II.  Brown  offered  the  following  Ordinance,  which 
was  ordered  to  be  printed: 


132  JOUKNAI,    OF    THE 

That  tln>  judicial   power  heretofore   delegated   by  this 

State,   so   as   to   form  a   part  of  the  judicial    system   of  the 

United  states,  having  reverted  to  this  State,  be  exercised 
by  the  Courts  Of  the  State  now  established,  until  further 
direction.     The  right  of  appeal  being  preserved  where  the 

amount  involved  exceeds  dollars.     In  all  eases 

affecting  ambassadors,  other  public  ministers  and  consuls, 
there  shall  be  in  all  of  the  Courts  as  near  a  conformity  as 
may  be  to  the  regulations  and  practice  now  prevailing  in 
the  Courts  of  the  United  States;  in  all  other  cases,  the 
practice  shall  conform  to  the  practice'  of  the  Courts  of  the 
State. 

That  the  said  Courts  shall  have  power  to  appoint  such 
officers  under  it  as  may  be  necessary  in  execution  of  the 
judicial  power  hereby  conferred ;  the  laws  of  the  United 
States  which  were  in  operation  at  the  time  of  the  secession 
of  this  State,  concerning  offences  connected  with  the  Post- 
office  Department,  the  Public  Customs,  or  Seamen,  and  an 
Act  of  the  Congress  of  the  United  States,  entitled  "An  Act 
more  effectually  to  provide  for  the  punishment  of  certain 
crimes  against  the  United  States,  and  for  other  purposes,*1' 
approved  March  3,  1825,  shall  be  considered  as  laws  of 
this  State,  until  they  may  be  altered  or  repealed;  all 
offences  under  the  said  laws  shall  be  subject  to  the  juris- 
diction of  the  Courts  of  this  State;  in  cases  which,  under 
the  laws  aforesaid,  have  heretofore  been  tried  by  a  jury, 
the  trial  shall  be  by  jury,  according  to  the  mode  of  jury 
trial  which  is  of  force  in  this  State;  in  all  cases  of  admi- 
ralty and  maritime  jurisdiction,  in  which  the  trial  by  jury 
has  not  been  established,  the  form  and  mode  of  proceeding 
Shall  be  such  as  have  heretofore  been  in  use  in  the  Courts 
within  this  State  that  have  heretofore  had  cognizance  of 
such  cases.  • 

Mr.  Miles  offered  the  following  resolution;  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  Theft  the  late  members  of  Congress  from  this 
State  be  admitted  to  seats  on  the  floor  of  the  Convention 
at  all  times  during  its  session. 


Convention  of  1860. 


133 


SPECIAL  ORDER. 


On  motion  of  Mr.  Rhett,  the  Convention  resumed  the 
consideration  of  an  Ordinance,  recommending  and  provid- 
ing for  a  Convention  of  the  slaveholding  States  of  the 
United  States  to  form  the  Constitution  of  a  Southern  Con- 
federacy; and 

The  report  of  the  Committee  on  Relations  with  the 
slaveholding  States  of  North  America. 

Mr.  moved  that  the  Ordinance  be  ordered  to  lie 

on  the  table;  and  the  question  being  put,  will  the  Conven- 
agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  76;  nays,  55. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative  are: 


Messrs.  Allison, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Brabham, 
Brown,  A.  II. 
Cam, 
Carroll, 
Caughman, 
Charles, 
Chesnut, 
Cheves, 
Darby, 
De  Saussure, 
DeTreville, 
Duncan, 
Du  Pre, 
Ellis, 
English, 
Fin  ley, 
Foster, 
Gadberry, 
Geiger, 
Glover, 


Gourdin,  T.  L. 

Harrison, 

Hayne," 

Henderson, 

Hunter, 

Ingram, 

Jackson, 

Jerl'eries, 

Johnson, 

Kershaw, 

Landrum, 

Logan, 

McCrady, 

Melver, 

McKee, 

Manning, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middletou,  J.  Izard 

Miles, 

Noble, 

Nowell, 

Perrin, 

Pope, 


134 


Journal  of  the 


Poreher, 

Thomson,   Thomas 

Pressley, 

Tompkins, 

Qaattlebanm, 

Townsend, 

Raiiu'V, 

Ward  law,  J).  L. 

Reed, 

Wardlaw,  F.  11. 

Rhodes, 

Watts, 

Richardson,  F. 

D. 

Wier, 

Sessions, 

Wilson,  I.  D. 

Smyly, 

Wilson,  J.  II. 

Snowden, 

Withers, 

Springs, 

Woods, 

Thompson,  R.  A. 

Young. 

Those  who  voted  in 

the  negative  are: 

Hon.  D.  F 

.  Jamison, 

President;  and 

Messrs.  Atkinson, 

Kilgore, 

Bethea, 

Kinard, 

Bonneau, 

Kinsler, 

Brown,  C.  P. 

Lawton, 

Burnet, 

Magrath, 

Calhoun,* 

Memminger, 

Caldwell, 

Moore, 

Campbell, 

Moorman, 

Cauthen, 

O'llcar, 

Clarke, 

Parker, 

Crawford, 

Rhett, 

Davant, 

Richardson,  J.  P. 

J)  u  n  kin, 

Robinson, 

Evans, 

Rowel  1, 

Fair, 

Rutledge, 

Find, 

Scott, 

Frampto», 

Seal  .rook,  G.  W. 

Fun  nan, 

Shingler,  J.  M. 

G-arlington, 

Shingler,  W.  P. 

Gist, 

Simons, 

Gregg,  Maxcy 

Simpson, 

Hanckel, 

Smith, 

Harllee, 

Spain, 

Honour, 

Spratt, 

Hutson, 

Timmons, 

Jenkins,  John 

Wagner, 

Jenkins,  J.  E. 

Wilson,  W.  B. 

The  Convention  proceeded  to  the  consideration  of  the 


Convention  of  1860.  135 

report  of  the  Committee  on  the  Slaveholding  States  of 
North  America. 

Mr.  Finley  offered  the  following  amendment: 

And  that  if  such  proposition  shall  be  accepted,  that 
said  Commissioners  be  authorized  to  propose  to  the  said 
seceding  States  to  appoint  the  day  of  February  next, 

for  the  election  of  the  President  and  Vice  President  of 
the  Southern  Confederacy  by  electors  previously  chosen  by 
them;  and  also  to  appoint  such  times  for  the  election  of 
Senators  and  Representatives  of  the  Government  to  be 
organized  as  will  enable  the  said  Government  to  be  inau- 
gurated at  the  City  of  in  the  State  of  or 
such  other  place  as  may  be  agreed  on,  and  go  into  opera- 
tion on  the  twenty-second  day  of  February,  in  the  year  one 
thousand  eight  hundred  and  sixty-one. 

And  that  whenever  the  said  Permanent  Government 
shall  be  agreed  on  and  be  organized,  the  said  Provisional 
Government,  and  all  offices  created  under  the  authority  of 
the  said  Government,  shall  utterly  cease  and  be  abolished. 

Mr.  Maxcy  Gregg  offered  the  following  as  an  amend- 
ment to  the  first  resolution;  which,  on  motion  of  Mr. 
Prcsslev,  was  ordered  to  lie  on  the  table: 

That  the  President  of  the  Convention  be  instructed  to 
transmit  to  the  Conventions  of  the  People  that  may  be 
assembled  in  other  slaveholding  States,  copies  of  our  Ordi- 
nance of  Secession,  with  a  respectful  invitation  to  them  to 
join  in  the  formation  of  a  Southern  Confederacy. 

The  first  resolution  was  adopted. 

Mr.  Fair  moved  that  the  second  resolution  be  ordered  to 
lie  on  the  table;  and  the  question  being  put,  will  the  Con- 
vention agree  thereto?  it  passed  in  the  negative. 
Yea's,  56;  nays,  73. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 


I.;.; 


Journal  of  the 


Those  who  voted  in  the 
Messrs.  Atkinson, 
Beaty, 
Bethea, 
Bonnean, 
Brown,  C.  P. 
Burnet, 
Calhoun, 
Caldwell, 
Campbell, 
Canghnian, 
Canthen, 
CI  i  eves, 
Clarke, 
Darby, 
Duncan, 
Du  Pre, 
English, 
Fair, 
Find, 

Garlington, 
(Jeiger, 
Gist. 

Gregg,  Maxcy 
Ilanckel, 
Harrison, 
Honour, 
Hutson, 
Jackson, 


affirmative  arc : 

Jefteries, 
Jenkins,  John 
Kilgore, 
..  Kinard, 
Kinslcr, 
Mclver, 
Mazyck, 

Middleton,  J.  Izard 
Moorman, 
Parker, 
Perrin, 
Porcher, 
Rbett, 

Richardson,  J.  P. 
Robinson, 
Rutledge, 
Scott, 

Seabrook,  G.  W. 
Shingler,  J.  M. 
Simons, 
Simpson, 
Smith, 
Snowden, 
Spain, 
Spratt, 
Wagner, 
Wardlaw,  D.  L. 
Wier. 


Those  wlio  voted  in  the  negative  are: 

lb >n.  D.  F.  Jamison,  President;  and 

DeTreville, 

Dunkin, 
Ellis, 
Evans, 
Fin  lev, 


Messrs.  Allison 
Ayer, 
Barron, 
Barton, 

Bellinger, 


Brown,  A.  II. 

Cam, 

Carroll, 

Charles, 

( Ihesnut, 

Davant, 

De  Saussnre, 


Foster, 
Frampton, 
Furman, 
Ga&berry, 

(i  lover, 
Grisham, 

Harllee, 


Convention  of  1860. 


137 


ITavne, 

Hunter, 

Ingram, 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Landrum, 

Lawton, 

Logan, 

McKee, 

Mag  rath, 

Manning, 

Maxwell, 

Mayes, 

Means, 

Memminger, 

Miles 

Moore, 

Noble, 

Nowell, 

( »'l [ear, 

Pope, 

Pressley, 

Quattlebaum, 


Rainey, 
Reed, 

Rhodes, 

Richardson,  F.  D. 
Rowell, 

Seabrook,  E.  M. 
Sessions. 
Shingler.  W.  P. 
Smyly, 
Springs, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wannamakor, 
Wardlaw,  F.  II. 
Watts, 

Wilson,  I.  P. 
Wilson,  J.  H. 
Wilson,  W.  13. 
Withers, 

Woods, 

You  ns;. 


Mr.  Maxey  Gregg  offered  the  following  amendment  to  the 
second  resolution,  which  was  agreed  to  : 

• 
Provided,  That  the  said  Provisional  Government,  and  the 
tenures  of  all  officers  and  appointments  arising  under  it, 
shall  cease  and  determine,  in  two  years  from  the  first  day 
of  Juh'  next,  or  when  a  permanent  Government  shall  have 
been  organized. 

Mr.  Maxcy  Gregg  offered  the  following  amendment  to 
the  second  resolution  : 

With  the  proviso  that  the  basis  of  representation  in 
Congress  shall  be  the  whole  population,  not  excluding  any 
part  of  the  slaves. 


Mr.  Reed  moved  that  the  amendment  be  ordered  to  lie 


138 


Journal  of  the 


on  the  table;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto?  it  passed  in  the  affirmative, 
yeas,  109  ;  nays,  22. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are  : 


Hon.  D.  F. 
Messrs.  Allison, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bonncau, 
Brown,  A.  II. 
Burnet, 
'     Calhoun. 
Caldwell, 
Campbell, 
Cam. 
Carroll, 
Caughman, 
( lauthen, 
( 'harles, 
Chesnut, 
Cheves. 
Clarke, 
Crawford, 
Darby, 
Davant, 
Davis, 

De  Saussure, 
DeTreville, 
Duncan, 
Dunkin, 
Ellis, 
English, 
Evans, 
Fin  ley, 
Foster, 
Frampton, 
Furman, 
Gad  berry, 
Garlington, 


Jamison.  President;  and 

Geiger, 

(  Hover, 

Gourdin,  R.  N. 

Grisham, 

Harllee, 

Harrison, 

Hayne, 

Honour, 

Hunter, 

Hutson, 

Ingram, 

Jackson, 

Jcft'eries, 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Landrum, 

Lawton, 

Logan, 

McCrady, 

M  elver,   . 

McKee, 

Magrath, 

Manning, 

Maxwell, 

Mayes. 

Means, 

Memminger, 

Miles, 

Moore, 

Moorman, 

Noble, 

O'Hear, 

Perrin, 

Pope, 

Poreher, 


Convention  of  1860.  139 

Pressley,  Springs, 

Quattlobaum,  Thompson,  R.  A. 

Rainey,  Thomson,  Thomas 

Reed,  Timmons, 

Rhett,  Tompkins, 

Rhodes,  Townsend, 

Richardson,  F.  D.  Wagner, 

Richardson,  J.  P.  Wannamaker, 
Robinson,                             ,     Wardlaw,  F.  II. 

Rowell,  Watts, 

Seabrook,  E.  M.  Wicr, 

Sessions,  Wilson,  I.  I). 

Stringier,  W.  P.  Wilson,  J.  II. 

Simpson,  Wilson,  W.  B. 

Smyly,  Withers, 

Snowden,  Woods, 

Sprat  t,  Young. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Atkinson,  Mazyck, 

Brown,  C.  P.  Middleton,  J.  Izard 

Dn  Pre,  Nowell, 

Fair,  Parker, 

Find,  Rutledge, 

Gist,  Scott, 

Gregg,  Maxcy  Seabrook,  G.  W.,  Sr. 

Hanckel,  Shingler,  J.  M. 

Jenkins,  John  Simons, 

Jenkins,  J.  E.  Smith, 

Kinsler,  Spain. 

Mr.  Mazyck  offered  the  following  amendment,  which  was 
ordered  to  lie  on  the  table : 

And  with  the  distinct  understanding  and  stipulation 
that  such  Provisional  Government  shall  not  be  authorized 
to  impose  any  duty  on  imports  exceeding  one-tenth  of  the 
value  of  the  article  imported,  and  that  the  power  to  regu- 
late commerce  shall  be  declared  not  to  include  the  power  to 
prohibit  any  branch  of  commerce. 

Mr.  Pope  offered  the  following  amendment: 

That  eight  Deputies  shall  be  elected  by  ballot  by  this 
Convention,  who  shall  be  authorized  to  meet  in  Conven- 


140 


Jours  m.  of  rn 


tion  such  Deputies  as  may  be  appointed  by  the  other  Slave- 
holding  States  who  may  secede  Prom  the  Federal  Union, 
for  the  purpose  of  carrying  into  effect  the  foregoing  resolu- 
tions, and  that  it  be  recommended  to  the  Baid  States,  that 
each  Stale  be  entitled  to  one  vote  in  the  said  Convention, 
upon  all  questions  which  may  be  voted  upon  therein  ;  and 
that  each  Stat-'  -end  as  many  Deputies  as  are  equal  in 
number  to  the  number  of  Senators  and  Representatives  to 
which  it  was  entitled  in  the  Congress  of  the  United  States. 

Mr.  moved  that  the  amendment  l>e  ordered  to 

lie  on  the  table  ;  and  the  question  being  put,  will  the  Con- 
vention  agree  thereto  ?  it  passed  in  the  negative. 
Yeas,  52  ;  nays,  79. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are  : 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Barron, 

lionneau, 

Cam, 

Carroll, 

Caughinan, 

Chesnut, 

Cheves, 

Darby, 

1  >avis, 

De  Saussure, 

Duncan, 

Evans, 

Finley, 

Foster, 

G-adberry, 

( {aldington, 

( feiger, 

Glover, 

Gburdin,  R.  1ST. 

Ilayne, 

Ingram, 

.Johnson, 

Kershaw, 

Kilgore, 

Landrum, 

M  elver. 


McKee, 

Manning, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Miles, 

Moore, 

Noble, 

lVrrin, 

Reed, 

Rhodes, 

Springs, 

Thompson,  R.  A. 

Thomson,  Thomas 

Tompkins, 

Wannamakcr, 
Wardlaw,  1>.  L. 
Wardlaw,  F.  II. 

Watts, 

Wier, 

Wilson,  I.  D. 
Wilson,  J.  II. 
Withers, 
Woods, 
Young. 


Convention  of  1860. 


141 


Those  who  voted  in  the  negative  are : 

Messrs.  Allison, 
Atkinson, 
Aver, 


II. 


Barton, 
Peaty, 

Bethea, 

Bellinger, 

Brown,  A. 

Burnet, 

Calhoun, 

Caldwell, 

Campbell, 

Cauthen, 

Charles, 

Clarke, 

Crawford, 

Davant, 

De  Treville, 

])unkin, 

Du  Pre, 

Ellis, 

English, 

Fair, 

Plud, 

Frampton, 

Furman, 

Gist, 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Ilanckel, 

Harllee, 

Harrison, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Kinard, 


Ivinsler, 

Lawton, 

Logan, 

McCradv, 

Magrath, 

Maxwell, 

Mayes, 

Memniinger, 

Moorman, 

Nbwell, 

O'Hear, 

Parker, 

Pope, 

Porchcr, 

Pressley, 

Quattlebaum, 

Kainey, 

Rhett, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Howell, 

Rutledge, 

Seal  .rook,  E.  M. 

Seabrook,  G.  W. 

Sessions, 

Shingler,  J.  M. 

Shingler,  YY.  P. 

Simons, 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Timmons, 

Townsend, 

Wagner, 

Wilson,  W.  B. 


So  the  motion  was  not  agreed  to. 

The  President   laid  before  the  Convention   certain   dis- 
patches from  the  Commissioners  at  Washington. 


142  Journal  of  the 

On  motion  of  Mr.  DeTreville,  the  Convention  proceeded 
to  the  consideration  of  the  following  resolutions: 

/,'-  solved,  That  the  Governor  be  authorized  and  requested, 
forthwith,  to  cause  to  be  enlisted  into  the  service  of  the 

Staif.  for  the  term  of  six  months,  at  Buch  rate  of  compen- 
sation and  emolument  as  is  now  allowed  l.y  the1  Federal 
Government  to  its  infantry  soldiers,  two  regiments  of  six 
hundred  and  forty  privates  each,  to  he  divided  into  eight 
companies  each  ;  and  also  that  he  do  appoint  suitable  per- 
sons to  command  the  said  regiments  and  companies,  and 
supply  all  vacancies  from  time  to  time,  subject  to  the 
approval  of  the  Senate. 

"Resolved  further,  That  as  soon  as  a  sufficient  number  of 
companies  shall  be  enlisted,  officered,  and  properly  drilled, 
they  be  employed  to  relieve  the  volunteers  now  iu  posses- 
sion of  the  forts  in  this  State. 

And,  pending  the  consideration  thereof,  the  Convention 
was  adjourned  at  four  o'clock,  p.  m. 

B.  P.  ARTHUR, 

( It  /•/,:  of  the  Convention. 


SUNDAY,  DECEMBER  30,  18G0. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  C.  Furnian. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 

Messrs.    Allison,  Bethea, 

Atkinson,  Bellinger, 

Ayer,  Bbnneau, 

Beaty,  Brabham, 


Convention  of  1860. 


143 


Brown,  A.  II. 

Brown,  C.  P. 

Burnet, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

Clieves, 

Clarke, 

Crawford, 

Darby, 

Davant, 

Davis, 

Dc  Saussure, 

J)e  Treville, 

Duncan, 

Dunkin, 

Du  Pre, 

Easlcy, 

Ellis, 

English, 

Evans, 

Fair, 

Kin  lev, 

Flud, 

Foster, 

Frampton, 

Funnan, 

Q  ad  berry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Grisham, 

Hanekel, 

Harllee, 

Harrison, 


Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jeff 'cries, 

Jenkins.  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Land  rum, 

Lewis, 

McCrady, 

Mclver, 

McKee, 

Magrath, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Miles, 

Moore, 

Moorman, 

Noble. 

Nowell, 

O'Hear, 

Parker, 

Perrin, 

Porch  er, 

Pressley, 

Quattlebaum, 

Painev, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Robinson, 

Rowel  1, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 


144  Journal  of  the 

Sessions,  Timnions, 

Shingler,  J.  M.  Tompkins, 

Bhingler,  W.  P.  Townsend, 

Simons,  Wardlaw,  I).  L. 

Simpson,  Wardlaw,  F.  II. 

Smyly,  Watts, 

Smith,  Wier, 

Snowden,  Wilson,  I.  D. 

Spain,  Wilson,  J.  II. 

Spratt,  Wilson,  W.  B. 

Springs,  Withers, 

Stokes,  Woods, 

Thompson,  R.  A.                      Young. 

The  Journal  of  yesterday's  proceedings  was  read. 
The    following   communication   was  received    from   his 
Excellency  the  Governor: 

Executive  Office, 
Charleston,  Dec.  30,  1860. 
To  the  President  of  the  Convention: 

By  an  Ordinance  of  your  body,  transmitted  to  me,  I  am 
required  to  nominate  immediately  four  gentlemen,  as  a 
Council  of  state 

I,  therefore,  hereby  nominate  to  the  Convention,  for  their 
confirmation,  lion.  David  F.  Jamison,  of  Barnwell  district; 
Hon.  A.  GL  Magrath,  of  Charleston;  lion.  C.  G.  Mern- 
minger,  of  Charleston;  and  Hon.  A.  C.  Garlington,  of 
Newberry  district. 

Respectfully, 

F.  W.  PICKENS. 

On  motion  of  Mr.  It.  N".  Gourdin,  the  Convention  went 
into 

SECRET  SESSION. 


Mr.  Maxcy  Gregg  moved  that  the  communication  of  his 
Excellency  the  Governor,  he  ordered  to  lie  on  the  table  till 
to-morrow  ;  which  motion  was  not  agreed  to. 


Convention  of  1860.  145 

Mr.  Furman  offered  the  following  resolution,  which  was 
considered  immediately,  was  agreed  to,  and,  on  motion  of 
Mr.  Fair,  was  ordered  to  be  made  public. 

Resolved,  That  so  soon  as  this  Convention  shall  have  dis- 
posed of  such  questions  as  it  may  be  necessary  to  the  public 
safety  to  consider  immediately,  it  will  adjourn. 

On  motion  of  Mr.  De  Treville,  the  nomination  by  his 
Excellency  the  Governor,  of  the  Executive  Council,  was 
confirmed. 

And,  on  motion  of  Mr.  Fair,  was  ordered  to  be  made 
public. 

Certain  dispatches  from  the  Commissioners  at  Washing- 
ton and  others,  were  read. 

Mr.  Miles  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
vigor  of  military  preparation  and  defence  should  not  be 
relaxed;  and  that  a  copy  of  this  resolution  be  immediately 
communicated  to  the  Governor. 

The  Convention  resumed  the  consideration  of  the  reso- 
lutions (offered  by  Mr.  De  Treville)  authorizing  the  Gov- 
ernor to  cause  two  regiments  to  be  enlisted  into  the  service 
of  the  State. 

And,  on  motion  of  Mr.  Cheves,  it  was 

Resolved,  That  these  resolutions  be  referred  to  the  Gov- 
ernor and  Council,  and  be  made  the  special  order  of  the 
day  for  to-morrow,  at  eleven  o'clock,  a.  m. 

Mr.  A.  II.  Brown  offered  the  following  resolution : 

Resolved,  That  the  Governor  be  advised  to  move  or  de- 
stroy the  beacons  on  Sullivan's  Island  and  Morris'  Island, 
and  on  the   Main  of  Christ   Church,  and  also  forbid  the 
lighting  of  the  lamps  at  the  Light-House,  Castle  Pinckney 
10 


14G 


Journal  of  the 


ami  at  Battery  Square,  till  further  directed,  and  to  remove 
the  buoys. 

And  be  it  further  Sesolved,  That  the  Cutter  in  the  service 
of  the  State  do  receive  on  board  a  competent  corps  of 
experienced  pilots,  who  shall  be  required  to  board  all  neu- 
tral vessels  and  safely  to  conduct  them  into  the  port ;  and 
also  safely  to  pilot  out  of  the  harbor  such  as  may  be  duly 
authorized  to  put  to  sea,  and  that  no  other  boats  be  per- 
mitted to  act  in  this  service  or  as  pilots,  till  otherwise 
directed. 

And  pending  the  consideration  thereof,  the  Convention 
was  adjourned  at  half-past  eleven  o'clock,  a.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


.MONDAY,  DECEMBER  81,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  T.  R.  English. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bonneau, 
Brown,  A. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 


II. 


Cam, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chcsnut, 

Cheves, 

Clarke, 

Crawford, 

Darby 

1  )avant, 

Davis, 

DeSaussure, 

Duncan, 


Convention  of  1860. 


14T 


Dunkin, 

Dunovant,  A .  Q. 

Du  Pre, 

Easley, 

Ellis, 

English, 

Evans, 

Finlev, 

Find; 

Foster, 

Frampton, 

Fnrman, 

Gadberry, 

Garlington, 

<  teiger, 

Glover, 

Gonrdin,  R.  X. 

Gonrdin,  T.  L. 

Gregg,  Maxcy 

Gregg,  William 

Grisnam, 

Hanckel, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lawton, 

Lewis, 

Logan, 

Mclver, 

McKee, 

Maxwell, 

Mayes, 


Mazyck, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nbweli, 

O'Heasr, 

Parker, 

Perrin, 

Poreher, 

Pressley, 

Quattlebaum, 

Rainey, 

Rhett, 

Rhodes, 

Howell, 

Rutledge, 

Scott, 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  R 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Sprat  t, 

Springs, 

Sims, 

Thompson,  R.  A. 

Timmons, 

Tompkins, 

Wardlaw,  D.  L. 

Watts. 

Wier, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B 

Withers, 

Woods, 

Young. 


1  |g  JOTTBWAl.    OF    THE 

The  Journal  of  yesterday's  proceedings  was  read. 
On  motion  <>f  Mr.  It.  X.  Gourdin,  the  Convention  went 
into 

SECRET   SESSION'. 

Mr.  A.  II.  Brown  asked  and  obtained  leave  to  withdraw 
the  resolution  offered  by  him  yesterday. 
The  following  communication   was    received    from    his 

Excellency  the  Governor;  and  on  motion  of  Mr.  IV  Tre- 
ville,  the  communication  and  the  accompanying  resolutions 
were  made  the  special  order  of  the  day  for  this  day,  at 
eleven  o'clock,  a.  m.,  in  connection  with  the  resolutions 
offered  by  Mr.  De  Treville,  on  the  same  subject: 

Executive  Department, 
31  December,  1860. 

To  the  President  and  Delegates  of  (he  Convention: 

I  received  the  resolution  in  relation  to  raising  and  enlist- 
ing two  regiments  of  infantry;  and  after  full  consultation 

with  the  Executive  Council,  I  herewith  enclose  the  resolu- 
tions we  agreed  to. 

And  I  most  respectfully  urge  the  adoption  of  the  princi- 
ples and  plan  suggested  in  the  same  as  a  measure  well  cal- 
culated to  advance  the  public  service. 

F.  W.  FICKENS. 

The  resolutions  referred  to  in  the  message  of  his  Excel- 
lency the  Governor  are  as  follows: 

Resolved,  That  the  Governor  be  authorized  and  requested 
forthwith  to  cause  to  be  enlisted  into  the  service  of  the  State, 
for  the  term  of  twelve  months,  at  such  rates  of  compensa- 
tion and  emolument  as  are  now  allowed  by  the  Federal 
Government;  one  regiment  of  640  privates,  to  be  divided 
into  eight  companies,  and  that  he  appoint  suitable  persons 
to  command  the  said  regiments  and  companies,  and  from 
time  to  time  to  supply  vacancies,  subject  to  the  approval  of 


Convention  of  1860.  149 

the  Senate  ;  the  said  officers  to  be  entitled  to  the  same  pay 
and  emoluments  as  is  allowed  by  the  Federal  Government 
to  officers  of  similar  grade  in  that  service.  And  that  the 
Governor  be  also  authorized,  whenever  the  public  interest 
may,  in  his  opinion,  require  it,  to  enlist  for  a  period  not 
exceeding  twelve  months,  another  regiment,  with  a  like 
number  of  officers  and  privates,  and  like  pay  and  emolu- 
ments, the  officers  to  be  appointed  in  the  same  manner  as 
the  former. 

2.  That  the  Governor  be  also  authorized  to  appoint  three 
or  more  engineers,  ami  to  organize  a  corps  as  soon  as  the 
same  can  be  done  ;  the  rank  of  the  chief  to  be  that  of  a 
captain  of  engineers,  and  the  pay  and  emoluments  to  be 
the  same  as  are  allowed  by  the  Federal  Government  to  offi- 
cers of  the  like  employment  and  rank. 

3.  Resoixed  further,  That  as  soon  as  a  sufficient  number  of 
companies  shall  be  enlisted,  officered  and  properly  drilled, 
they  he  employed  to  relieve  the  volunteers  now  in  the  pos- 
session of  the  forts  in  thts  State. 

SPECIAL  ORDER. 

On  motion  of  Mr.  De  Treville,  the  Convention  proceeded 
to  the  consideration  of  the  communication  of  his  Excellency 
the  Governor,  and  the  accompanying  resolutions,  together 
with  the  resolutions  on  the  same  subject  offered  by  Mr. 
De  Treville ;  which  had  been  made  the  special  order  of  the 
day  for  this  day,  at  eleven  o'clock,  a.  m. 

On  motion  of  Mr.  De  Treville,  the  resolutions  offered  by 
Mr.  De  Treville  were  ordered  to  lie  on  the  table  ;  and  the 
resolutions  accompanying  the  message  of  his  Excellency 
the  Governor  were  taken  up. 

Mr.  Ilamkel  moved  that  the  second  resolution  be  stricken 
out;  which  motion  was  not  agreed  to. 

On  motion  of  Mr.  Chesnut,  the  following  words  were 
added  to  the  third  resolution  :  "  Or  otherwise,  at  the  discre- 
tion of  the  Commander-in-Chief." 

On   motion   of  Mr.    Magrath,    the  first    resolution   was 


150  Joi  KN.\1.  OF  THE 

amended  by  adding:  "And  armed  in  snch  manner  and  for 
such  service  as  the  Governor  may  approve." 

Mr.  !><•  Treville  offered  the  following  amendment,  which 
was  agreed  to: 

ik  4.  That  as  soon  as  either  of  the  said  regiments  shall  be 
organized,  they  shall  be  subject  to  snch  of  the  rules  and  arti- 
cles of  war  at  present  known  and  used  in  the  army  of  the 
United  States,  as  may  be  approved  by  the  Governor  of  this 
State." 

Mr.  McCrady  offered  the  following  amendment  to  the 
iirst  resolution  ;  which,  on  motion  of  Mr.  E.  M.  Seabrook, 
was  ordered  to  lie  on  the  table  : 

Strike  out  "for  the  term  of  twelve  months,"  and  insert 
in  lieu  thereof:  "during  the  pleasure  of  the  State,  not  less 
than  one  year  nor  more  than  five  years." 

The  resolutions,  as  amended,  were  agreed  to;  and  a  copy 
thereof  transmitted  to  his  Excellency  the  Governor. 

Mr.  Williams  Middleton  offered  the  following  Ordinance, 
which,  on  motion  of  Mr.  Chesnut,  was  referred  to  the  Com- 
mittee on  Foreign  Relations: 

Be  it  ordained  by  the  people  of  South  Carolina,  note  met 
and  sitting  in  Convention,  That  the  Governor  be  and  he  is 
hereby  cm] lowered  and  instructed,  in  ease  of  any  attempt, 
on  the  part  of  the  Federal  Government  of  the  United  States 
to  coerce  the  Commonwealth  of  South  Carolina,  to  issue 
letters  of  marque  and  reprisal  to  all  applicants  for  the  same, 

against  all  vessels  belonging  to  any  of  the  States  or  citizens 
of  the  States  Lying  north  of  Mason  and  Dixon's  line;  and 
that  during  a  state  of  war  he  have  power  to  issue  Letters  of 
marque  and  reprisal. 

Mr.  D.  L.  Wanllaw  offered  the  following  resolution, 
which  was  considered  immediately  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements  to  inquire 
whether  any  reduction   can   be    properly  made  in  the  ex- 


Convention  of  1860.  151 

penses  of  the  Custom  House  and  its  incidents  ;  and  if  so, 
to  what  extent  and  how  ;  with  leave  to  report  by  ordinance 
or  otherwise. 

Mr.  Hutson  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  the  Constitution  of  the  State  : 

Resolved,  That  if  they  deem  it  necessary,  the  Governor  and 
Council  are  authorized  and  empowered  to  declare  martial 
law  in  and  over  the  City  of  Charleston  and  her  dependen- 
cies, and  to  remove  therefrom  all  persons  whose  presence, 
in  their  opinion,  shall  he  detrimental  to  the  public  peace; 
provided,  that  such  power  and  authority  shall  be  at  all  times 
subject  to  be  limited,  controlled  or  revoked  by  this  Con- 
vention, or  the  General  Assembly. 

Mr.  Mag-rath  presented  a  communication  from  B.  G. 
Heriot,  late  Pension  Agent  of  the  United  States,  and  from 
Benj.  D.  Heriot,  late  Navy  Agent  of  the  United  States; 
which,  on  motion  of  Mr.  Magrath,  were  respectively  re- 
ferred to  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances,  which  was  considered  immediately 
and  was  agreed  to. 

On  motion  of  Mr.  John  Izard  Middleton,  leave  of  absence 
was  granted  to  Mr.  Sessions,  on  account  of  illness  in  his 
family. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  Relations  with  the  Slaveholding  States 
of  NoTth  American  ;  and  after  various  amendments,  the 
report  and  resolutions  were  agreed  to,  and  were  committed 
to  the  Committee  on  Engrossed  Ordinances. 

Mr.  R.  N.  Gourdin  offered  the  following  resolution,  which 
was  considered  immediately,  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committtee  on  Com- 
mercial Relations  and  Postal  Arrangements  to  inquire  into 
the  condition  of  the  new  Custom  House  and  of  the  material 


152  Journal  of  the 

provided  for  its  construction,  lying  in  the  yard,  and  to  report 
whether  any  or  what  measures  may  be  necessary  for  their 
protection. 

GENERAL  ORDERS. 

An  Ordinance  concerning  powers  lately  vested  in  the 
Congress  of  the  United  States  ; 

An  Ordinance  concerning  judicial  powers,  and 

An  Ordinance  to  define  and  punish  treason,  were  agreed 
to,  and  were  committed  to  the  Committee  on  Engrossed 
Ordinances. 

On  motion  it  was 

Resolved,  That  this  Convention  will  go  into  an  election 
to-morrow,  at  eleven  o'clock,  a.  m.,  for  eight  Deputies,  as 
provided  for  by  the  resolution  adopted  this  day. 

An  Ordinance  concerning  citizenship  was  taken  up  ;  and 
pending  the  consideration  thereof,  the  Convention  was 
adjourned  at  four  o'clock,  P.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


TUESDAY,  JANUARY  1,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  the  proceedings  were  opened 
with  prayer  by  Rev.  D.  Du  Pre. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 

Messrs.  Allison,  Bethea, 

Appleby,  Bellinger, 

Atkinson,  Bonneau, 

Barron,  Brown,  A.  H. 

Barton,  Brown,  C.  P. 

Beaty,  Burnet, 


Convention  of  1861. 


153 


Calhoun, 

Caldwell, 

Campbell, 

Car  n, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Cheves, 

Crawford, 

Darby, 

Davantj 

Davis, 

De  Saussure, 

Duncan, 

Dunkin, 

Du  Pre, 

Easley, 

Ellis, 

English, 

Evans, 

Finley, 

Find, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

( i  .-ii^er, 

Gist, 

Glover, 

Gourdin,  R.  K 

Gourdin,  T.  L. 

Gregg,  William 

Grisnam, 

Hanckel, 

Harllee, 

Harrison, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jefferi.es, 

Jenkins,  John 

Jenkins,  J.  E. 


Johnson, 

Kershaw, 

Kilgore, 

Ivinard, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

M  elver, 

McKee, 

McLeod, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Midd]eton,  W. 

Moore, 

Moorman, 

Nbwell, 

O'Hear, 

Parker, 

Perrin, 

Pressley, 

Quattlebaum, 

Rainey, 

Rhodes. 

Richardson,  F.  D. 

Robinson, 

Rowell, 

Scott, 

Seabrook,  G.  "W.,  Sr. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Srayly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 


154  Journal  of  the 


Timmons, 

Wilson,  I.  D. 

Tompkins, 

Wilson,  J.  II. 

Wagner, 

Wilson,  W.  15 

Wardlaw,  D.  L. 

Withers, 

Wardlaw,  F.  II. 

Woods. 

Wier, 

^  oung. 

The  Journal  of  yesterday's  proceedings  was  read,  and 
the  Con  volition  went  into 

SECRET  SESSION. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  the  following  Report,  which  was 
considered  immediately,  was  agreed  to,  and  ordered  to  he 
transmitted  to  his  Excellency  the  Governor: 

The  Committee  on  the  Constitution  of  the  State,  to 
whom  was  referred  a  resolution  concerning  martial  law, 
report,  that  they  have  considered  the  same,  and  beg  leave 
to  recommend  for  the  adoption  of  the  Convention,  the  fol- 
lowing resolution  : 

Resolved,  That  whenever,  in  the  course  of  the  struggle 
into  which  the  State  now  seems  likely  to  be  drawn,  hos- 
tilities may  he  waged  or  threatened  against  the  City  of 
Charleston,  or  its  neighborhood,  and  the  Governor,  (upon 
consultation  with  the  Executive  Council)  may  deem  the 
measure  necessary,  the  Governor  is  hereby  authorized  to 
declare  and  enforce  martial  law,  in  whole  or  in  part,  in  and 
over  Charleston,  its  harbor  and  neighboring  villages;  all 
the  adjacent  islands,  including  Morris'  Island,  and  all  other 
places  within  five  miles  of  the  Court  House;  to  remove 
thence  all  persons  whose  presence  he  shall  consider  detri- 
mental to  the  public  service;  to  prevent  the  ingress  of  such 
■persons;  to  regulate,  at  discretion,  all  travel  to  and  forth, 
and  otherwise  to  govern  as  in  a  camp  :  Provided,  that  such 
authority  shall  he,  at  all  times,  subject  to  be  limited,  con- 
trolled, or  revoked  by  this  Convention,  or  by  the  General 
Assembly. 


Convention  of  1861.  155 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements,  made  the  following  Report, 
which  was  considered  immediately,  and  was  agreed  to  : 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  to  whom  was  referred  a  resolution  in  rela- 
tion to  the  new  Custom  House,  beg  leave  to  report  : 

That  they  had  before  them  the  communication  of  Col. 
Edward  B.  White  to  the  Chairman  of  the  Committee,  under 
date  22d  December,  1860,  and  also  his  letter  to  one  of  the 
Committee,  which  are  submitted  with  this  report. 

Col.  White  was  employed  by  the  United  States  to  super- 
intend the  construction  of  the  building,  at  a  stipulated 
salary,  and  gave  bond  in  the  penalty  of  $20,000.  He  has 
charge  of  the  building  and  materials. 

The  Committee,  after  mature  consideration,  are  of  opin- 
ion that  it  would  be  inexpedient  for  the  Convention  to 
interfere  with  any  property  of  the  United  States,  which  is 
not  indispensably  necessary  for  the  protection  or  welfare  of 
the  State.  Not  regarding  the  new  Custom  House  as  of  this 
character,  the  Committee  cannot  recommend  to  the  Con- 
vention any  action  in  reference  to  these  communications, 
and  they  respectfully  ask  leave  to  be  discharged  from  the 
further  consideration  of  the  subject. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements,  made  the  following  Report, 
which  was  considered  immediately,  and  was  agreed  to  : 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  to  whom  were  referred  the  communications 
of  Benj.  D.  Heriot,  late  Navy  Agent  of  the  United  States, 
and  of  Benj.  G.  Heriot,  late  Pension  Agent  of  the  United 
States,  beg  leave  respectfully  to  report : 

That,  at  this  time,  they  would  deem  it  inexpedient  for 
the  Convention  to  appoint  such  officers  for  the  State  of 
South  Carolina.  Under  Ordinances  already  passed,  matters 
of  this  character  will  be  under  the  cognizance  of  the  Leg- 
islature, who  can  adopt  such  regulations  as  may  be  deemed 
requisite  for  the  welfare  of  the  State,  or  of  her  citizens. 
Under  these  circumstances,  the  Committee  respectfully  ask 


156  Journal  or  thk 

Leave  to  be  discharged  from  tlie  farther  consideration  of 
the  subject 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements,  made  the  following  Report: 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  to  whom  was  referred  the  resolution  of 
inquiry  in  relation  to  the  expenses  of  the  Custom  House, 
beg  leave  to  report : 

That  they  have  taken  testimony  upon  the  subject,  and 
they  herewith  submit,  also,  a  written  statement  of  the  Col- 
lector. For  reasons  which  can  more  properly  be  orally 
communicated  to  the  Convention  than  formally  embodied 
in  a  report,  the  Committee  recommend  that  no  alteration 
be  made  by  the  Convention  in  relation  to  the  said  estab- 
lishment ;  and  submit,  that  if  a  change  should  be  hereafter 
deemed  necessary,  it  may  be  more  satisfactorily  accom- 
plished in  the  department  of  Government  to  which  such 
matters  will  peculiarly  pertain. 

Mr.  1).  L.  Wardlaw  offered  the  following  amendment  to 
the  report,  which  was  agreed  to  : 

Resolved,  That  the  letter  of  Mr.  Oolcock,  Collector  of  the 
Port  of  Charleston,  addressed  to  the  Committee  on  Com- 
mercial Relations  ami  Postal  Arrangements,  just  read  to 
the  Convention,  be  tiled  carefully  and  preserved  ;  and  that 
it  be  declared  that  this  Convention  expects  the  whole  staff 
of  officers  connected  with  the  Customs,  to  be  paid  from  the 
customs,  and  in  no  event  to  bring  a  charge  upon  the  State. 

The  report,  as  amended,  was  agreed  to. 

The  Convention  resumed  the  consideration  of  an  Ordi- 
nance concerning  citizenship  ;  and  the  question  being  put, 
will  the  Convention  agree  thereto?  it  passed  in  the  affirm- 
ative. 

Yeas,  85  ;   nays,  28. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 


Convention  of  I860. 


157 


Those  who  voted  iri  the  affirmative  are 


Messrs.  Allison, 
Atkinson, 
Barron, 
Bethea, 
Bellinger, 
Bonneau, 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Cam, 
Carroll, 
Caughman, 
Cauthen, 
Chesnut, 
Crawford, 
Darby, 
l)c  Treville, 
Duncan, 
Dunkin, 
Du  Pre, 
Ellis, 
English, 
Evans, 
Fair, 
Finley, 
Find, 
Foster, 
Frampton, 
Garlington, 
Geiger, 
Glover, 

Gregg,  William 
Grisnam, 
Ilanekel, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hunter, 
Ingram, 
Jackson, 
Jefteries, 


Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Laudrum, 

Lewis, 

McCrady, 

McKee, 

MeLeod, 

Manning, 

Maxwell, 

Mayes, 

Mazyck 

Moore, 

Moorman, 

Parker, 

Perrin, 

Porcher, 

Rainey, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Seabrook,  E.  M. 

Bhingler,  W.  P. 

Simons, 

Snowden, 

Spain, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Tompkins, 

Wardlaw,  P.  L. 

Wardlaw,  F.  H. 

Wier, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Yonnsr. 


158  Journal  of  the 

Those  who  voted  in  the  negative  are  : 

Messrs.  Brown,  A.  II.  Ivinslcr, 

Brown,  C.  P.  Logan, 

Campbell,  Middleton,  J.  Izard 

Cheves,  Middleton,  W. 

Clarke,  Miles, 

I  >avant,  Xowell, 

De  Saussnre,  0'IIear, 

Easley,  Scott, 

Furman,  Seabrook,  G.  W. 

Cist,  Shingler,  J.  M. 

Gourdin,  R.  1ST.  Smith, 

Gregg,  Maxcy,  Spratt, 

Hutson,  Townsend, 

Jenkins,  J.  E.  Wagner. 

The  Ordinance  was  committed  to  the  Committee  on 
Engrossed  Ordinances. 

On  motion,  the  injunction  of  secrecy  was  removed  in 
respect  to  the  Ordinances  adopted  yesterday  and  to-day  ; 
and  from  the  report  of  the  Committee  on  Relations  with 
the  Slaveholding  States  of  North  America. 

Mr.  Simons  offered  the  following  resolution,  which,  on 
motioD  of  Mr.  Pressley,  was  ordered  to  lie  on  the  table: 

Resolved,  That  a  Committee  of  two  from  each  Congres- 
sional district  be  appointed  to  suggest  to  this  Convention, 
Commissioners  to  the  various  Southern  States  about  to 
meet  in  Convention. 

The  Convention  proceeded  to  ballot  for  Commissioner  to 
the  State  of  Florida. 

The  Convention  proceeded  to  ballot  for  Commissioners 
to  the  States  of  Alabama,  Mississippi,  Georgia,  Louisiana, 
Texas  and  Arkansas. 

Mr.  De  Treville  presented  the  account  of  A.  J.  Burke 
for  stationery,  which  was  referred  to  the  Committee  on 
Accounts. 

Mr.  Bethea,  from  the  Committee  appointed  to  count  the 
ballots   cast  for  Commissioner   to   the    State   of  Florida, 


Convention  of  1861.  159 

reported  that  Mr.  L.  W.  Spratt  had  received  a  majority  of 
the  ballots  cast ; 

Whereupon,  the  President  announced  that  Mr.  L.  "W. 
Spratt  is  duly  elected  Commissioner  to  the  State  of  Florida. 

Mr.  Gadberry  offered  the  following  resolutions: 

Resolved,  That  the  Governor  be,  and  he  is  hereby  author- 
ized to  receive  into  the  service  of  the  State,  for  a  period  not 
exceeding  six  months,  such  Volunteer  compauies  as  may 
tender  their  services,  if  in  his  judgment  the  exigencies  of 
the  times  require  the  immediate  reception  of  additional 
troops. 

2.  That  the  Governor  be  authorized  to  organize  any 
Companies,  so  received,  into  Battalions,  Regiments,  Brig- 
ades and  Divisions,  and  to  appoint  the  Field  Officers  for 
the  same,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate: Provided,  that  the  companies  to  be  received,  as  afore- 
said, shall  consist  of  not  less  than  sixty  rank  and  file,  four 
officers  and  five  sergeants. 

3.  That  Major-Generals,  Brigadier-Generals,  and  Colo- 
nels of  Regiments,  shall  have  the  same  power  to  appoint 
their  respective  staff,  as  is  now  provided  by  law. 

Mr.  Kershaw  offered  the  following  amendment : 

Resolved,  That  the  Governor  be  authorized  to  call  into 
service,  at  his  discretion,  existing  Volunteer  companies 
attached  to  the  militia  of  the  State,  to  remain  in  service 
only  until  superseded  by  the  organization  of  the  force  pro- 
vided for  by  the  recent  Act  of  the  General  Assembly  ;  such 
volunteers  to  be  organized  into  regiments,  and  to  be  com- 
manded by  officers  of  their  own  selection,  made  in  the 
manner  now  provided  by  the  militia  laws  of  the  State,  but 
without  restriction  as  to  the  eligibility  of  said  officers  ; 
and, 

On  motion  of  Mr.  Means,  it  was 

Rcsohed,  That  these  resolutions  be  referred  to  the  Gov- 


100  Journal  of  the 

ernor  and  I  louncil,  with  authority  to  ad  upon  them,  if  they 
deem  ii  expedient,  with  such  modifications  as  they  may 
think  tit. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  -■ranted 
to  Mr.  Mayes,  on  account  of  illness  in  his  family. 

Mr.  Memminger  offered  the  following  resolution,  which 
was  considered  immediately,  and  was  agreed  to  : 

Resolved,  That  the  Governor  be  requested  to  issue  a  com- 
mission,  under  the  seal  of  the  State,  countersigned  by  the 
Secretary  of  State,  to  each  of  the  Commissioners  who  are, 
or  may  be,  appointed  by  this  Convention  to  the  several 
slaveholding  States,  under  the  resolutions  adopted  by  this 
body. 

On  motion  of  Mr.  R.  N".  Gourdin,  a  despatch,  received 
from  Washington,  was  sent  to  his  Excellency  the  Governor 
of  Korth  Carolina. 

Mr.  Miles,  from  Hie  Committee  on  Foreign  Relations,  to 
whom  had  been  referred  a  resolution  providing  for  the 
issuing  of  letters  of  marque  and  reprisal,  made  a  report, 
which,  on  motion  of  Mr.  D.  L.Wardlaw,  was  re-committed 
to  the  Committee. 

On  motion,  leave  of  absence,  until  Tuesday  next,  was 
granted  to  Mr.  Davant,  on  account  of  important  business. 

On  motion  of  Mr.  Young,  leave  of  absence  was  granted 
to  Mr.  Watts,  on  account  of  indisposition. 

Mr.  Cam  offered  the  following  resolution.'  which  was 
made  the  special  order  of  the  day  for  to-morrow,  at  one 
o'clock,  p.  M. : 

Resolved,  That  this  Convention  do  adjourn,  subject  to 
the  call  of  the  President,  on  Wednesday  next,  the  2d  inst., 
at  four  o'clock,  p.  M. 

On  motion,  the  Convention  was  adjourned  at  forty-five 
minutes  past  throe  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1861. 


161 


WEDNESDAY,  JANUARY  2,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  II.  Honour. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs. 


H. 
P. 


Allison, 

Appleby, 

Atkinson, 

Ayer, 

Barron, 

Barton, 

Beaty, 

Bethea, 

Bellinger, 

Bonneau, 

Brabham, 

Brown,  A. 

Brown,  C. 

Burnet, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carroll, 

Caughman, 

Oauthen, 

Chesnut, 

Cheves, 

Clarke, 

Crawford, 

Darby, 

Dargan, 

Davis, 

De  Saussure, 

De  Treville, 

Duncan, 

Dunkin, 

Du  Pre, 

Easley, 

Ellis, 


English, 

Evans, 

Fair, 

Fin  ley, 

Find, 

Foster, 

Frampton, 

Furman, 

Gailington, 

Gciger, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gregg,  Maxcy 

Gregg,  William 

Hanckel, 

Harrison, 

llayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jefteries, 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Land  rum, 

Lewis, 

Logan, 

Lyles, 

M  elver, 


11 


162  Journal  of  tite 

McKee,  Simpson, 

McLeod,  Smyly, 

Maxwell,  Smith, 

Mazyck,  Snowden, 

Means,  Spain. 

Middleton,  .1.  Izard  Springs, 

Middleton,  W.  Stokes* 

Moore,  Sim-. 

Nowell,  Thomson,  Thomas 

Palmer,  Timmons, 

Parker,  Tompkins, 

Perrin,  Townsend, 

Porcher,  Wannamaker, 

Quattlebaum,  Wardlaw,  D.  L. 

Rhett,  "Wardlaw,  F.  II. 

Rhodes,  Wier, 

Uohinson,  Williams. 

Rowell,  Wilson,  I.  D. 

Scott,  Wilson,  J.  II. 

Seabrook,  G.  W.,  Sr.  Wilson,  W.  B. 

Shingler,  J.  M.  Withers, 

Shingler,  W.  P.  Woods, 

Simons,  Young. 

The  Journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to 
Mr.  Moorman,  on  account  of  illness  in  his  family. 

Mr.  A.  IT.  Brown,  from  the  Committee  appointed  to 
count  the  ballots  cast  for  Commissioners  to  the  States  of 
Alabama,  Georgia,  Mississippi,  Louisiana.  Arkansas,  and 
Texas,  made  the  following  report:  That  for  Commissioner 
to  Alabama,  Mr.  A.  P.  Calhoun  received  98  votes;  scatter- 
ing, 32;  and  that  Mr.  A.  P.  Calhoun,  having  received  a 
majority  of  the  ballots  cast,  was  consequently  elected; 

That  for  Commissioner  to  the  State  of  Mississippi.  Mr. 
M.  L.  Bonham  received  L02  votes;  scattering,  28;  and  that 
Mr.  Bonham,  having  received  a  majority  of  the  ballots  cast. 
was  consequently  elected; 

That  for  Commissioner  to  the  State  of  Louisiana,  Mr. 
John  L.  Manning  received  100  votes;  scattering,  30;  and 
thai  Mr.  Manning,  having  received  a  majority  of  the  ballots 
cast,  was  consequently  elected; 


Convention  of  1861.  163 

That  for  Commissioner  to  the  State  of  Arkansas.  Mr. 
A.  C.  Spain  received  105  votes ;  scattering,  2f>;  and  that 
Mr.  Spain,  having  received  a  majority  of  the  ballots  cast, 
was  consequently  elected ; 

That  for  Commissioner  to  the  State  of  Georgia,  no  one 
had  received  a  majority  of  the  ballots  cast,  and  that  conse- 
quently there  was  no  election;  and 

That  for  Commissioner  to  the  State  of  Texas,  no  one 
had  received  a  majority  of  the  ballots  cast,  and  that  conse- 
quently there  was  no  election. 

Whereupon,  the  President  announced  that  Mr.  A.  P. 
Calhoun  is  duly  elected  Commissioner  to  the  State  of  Ala- 
bama; Mr.  M.  L.  Bonham,  Commissioner  to  the  State  of 
Mississippi;  Mr.  John  L.  Manning,  Commissioner  to  the 
State  of  Louisiana;  and  Mr.  A.  C.  Spain,  Commissioner  to 
the  State  of  Arkansas. 

On  motion  of  Mr.  R.  X.  Gourdin,  the  Convention  went 
into 

SECRET  SESSIOX. 

Certain  despatches  were  read,  and  were  transmitted  to 
his  Excellency,  the  Governor. 

On  motion  of  Mr.  Cam,  the  Convention  proceeded  to  a 
second  ballot  for  a  Commissioner  to  Georgia  and  a  Com- 
missioner to  Texas. 

On  motion  of  Mr.  Miles,  the  lion.  M.  L.  Bonham  was 
excused  from  serving  as  a  Commissioner  to  Mississippi. 

The  Convention  proceeded  to  a  second  ballot  for  Com- 
missioner to  Mississippi. 

The  following  communication  was  received  from  his 
Excellency,  the  Governor,  and  was  referred  to  the  Com- 
mittee on  Commercial  Relations  and  Postal  Arrangement,-: 

Executive  Department, 
2  January,  1861. 
To  the  President  and  Members  of  the  Convention  : 

I  have  to  present  to  your  honorable  body  that  Mr.  Press- 
ley,  the  Assistant  Treasurer  of  the  United  States,  has  in- 


1('»4  Jbl  KB  m.  OB  'i  in: 

formed  me  that  drafts  are  being  presented  to  him  for  pay- 
men!  of  persons  in  the  Bervice  of  the  United  States,  and 
desires  to  know  what  ho  shall  do:  I  have  directed  him  not 
to  pay  until  two  o'clock,  p.  m.,  this  day.  in  order  that  yon 

may  determine  what  should  be  don*'  in  the  matter.  Your 
decision  I  shall  communicate  to  him. 

F.  W.  PICKENS. 

On  motion  of  Mr.  Punkin,  it  was 

Resolved,  That  the  Treasurer,  Mr.  Pressley,  be  enjoined 
from  paying  any  drafts  on  the  Treasury  until  the  further 
action  of  this  Convention. 

Mr.  Maxcy  Gregg  offered  the  following  resolution  : 

i 

Resolved,  That  if  this  Convention  shall  terminate  its 
present  session  without  fixing-  a  time  and  place  for  re-assem- 
bling, it  shall  stand  adjourned  to  meet  at  such  time  and 
place  as  the  President  shall  appoint;  and  he  is  hereby 
authorized,  whenever,  in  his  opinion,  the  public  exigencies 
shall  require,  by  notice  under  his  hand,  duly  published,  to 
assemble  the  Convention  ;  and  it  shall  be  his  duty,  before 
the  adjournment,  to  appoint  a  Committee,  to  consist  of  five 
members,  a  majority  of  whom,  or  the  survivors  or  survivor 
of  them,  in  case  of  the  death  or  disqualification  of  the 
President,  shall  have  like  authority  to  assemble  the  Con- 
vention, and  appoint  a  time  and  place  for  its  meeting. 

Mr.  Gist  offered  the  following  amendment  : 

Resolved,  That  the  President  of  this  Convention  he  au- 
thorized, if,  in  his  opinion,  the  public  exigencies  shall 
require  it,  to  assemble  the  Convention  at  such  time  and 
place  as  he  may  determine,  before  the  17th  of  December] 
1862;  and  that  he  shall  appoint  a  Committee  of  five,  a 
majority  of  whom,  or  the  survivors  or  survivor  of  such 
majority,  in  case  of  the  death  or  disqualification  of  the 
President,  shall  have  like  authority  to  assemble  the  Con- 
vention, and  appoint  a  time  and  place  for  its  meeting. 


Convention  of  1861.  165 

Mr.  Cheves  offered  the  following  amendment : 

Resolved,  That  a  Committee  of  Safety  he  constituted,  to 
consist  of  as  many  members,  not  less  than  thirty-three,  as 
shall  he  assembled  after  such  call  of  the  Convention,  to 
which  is  hereby  committed,  with  power  to  act,  the  conside- 
ration of  any  emergency  requiring  the  immediate  action  of 
this  Convention. 

On  motion  of  Mr.  Fair,  the  resolution  and  the  amend- 
ments were  made  the  special  order  of  the  day  for  to-mor- 
row, at  one  o'clock,  p.  m. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances;  which  was  considered  immediately, 
and  was  agreed  to. 

Mr.  Simons  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  five  hundred  copies  of  the  Report  of  the 
Committee  on  Relations  with  the  Slaveholding  States  of 
North  America,  with  the  resolutions  thereto  appended  and 
of  the  Ordinances  which  may  be  adopted,  be  printed,  and 
that  each  of  the  Commissioners  to  the  slaveholding  States 
be  furnished  with  twenty -five  copies  for  his  use,  and  that 
'the  residue  be  distributed  among  the  members  of  the  Con- 
vention. 

Mr.  Quattlebaum,  from  the  Committee  on  Printing,  made 
the  following  Report,  which  was  considered  immediately, 
was  agreed  to,  and  was  ordered  to  be  made  public : 

The  Committee  on  Printing  beg  leave  to  report,  that  the 
1.5,000  copies  of  the  Address  of  the  People  of  South  Caro- 
lina, assembled  in  Convention,  to  the  people  of  the  Slave- 
holding  States  of  the  United  States;  the  Declaration  of  the 
Causes  which  induce  and  justify  the  Secession  of  South 
Carolina:  and  the  Report  of  the  Committee  on  the  Address 
of  a  portion  of  the  members  of  the  General  Assembly  of 
Georgia  to  the  people  of  South  Carolina;   ordered  to  be 


1<;»»  Journal  of  the 

printed  for  the  use  of  this  Convention,  be  disposed  of  in 
the  following  manner:  100  copies  to  each  of  the  Commis- 
sioners to  the  several  States;  20  copies  to  each  member  of 
the  Convention  and  of  the  General  Assembly  of  South 
Carolina;  li.onn  copies  to  tin-  "  lSiiO  Association":  and  the 
balance  distributed  under  the  direction  of  the  Committee 
on  Printing. 

Mr.  Calhoun,  from  the  Committee  appointed  to  count 
the  ballots  cast  for  Commissioner  to  Georgia,  and  for  Com- 
missioner to  Texas,  reported  that  of  the  ballots  cast  for 
Commissioner  to  Georgia,  Mr.  James  L.  Orr  had  received 
a  majority  ;   and 

Of  the  ballots  cast  for  Commissioner  to  Texas,  Mr.  John 
McQueen  had  received  a  majority. 

Whereupon,  the  President  announced  that  Mr.  James  L. 
Orr  is  duly  elected  Commissioner  to  Georgia;  and  Mr. 
John  McQueen  is  duly  elected  Commissioner  to  Texas. 

Mr.  Maxcy  Gregg  offered  the  following  resolutions,  which 
were  referred  to  the  Committee  on  Foreign  Relations: 

Jiesolvcd,  That  it  shall  he  the  duty  of  the  Governor  to 
forward  copies  of  the  Ordinance  to  dissolve  the  Union 
between  the  State  of  South  Carolina  and  other  States 
united  with  her,  under  the  compact  entitled  "the  Consti- 
tution of  the  United  States  of  America,"  to  all  the  Minis- 
ters of  Foreign  Powers  resident  at  Washington. 

Resolved,  That  it  shall  be  the  duty  of  the  Governor  to 
adopt  such  further  measures  as  may  be  requisite  for  making 
known  in  foreign  countries  the  separation  of  the  State  of 
South  Carolina  from  the  Confederacy  of  the  United  States 
of  America. 

'Resolved,  That  the  Governor  shall  lie  authorized  to  apply 
a  sum  not  exceeding  dollars  to  defray  the  expenses 

necessary  for  the  above  purpose,  including  the  secret  ser- 
vice money  which  may  he  required. 

Resolved,  That  it  shall  he  the  duty  of  the  General  Assem- 
bly to  provide  and  place  at  the  disposal  of  the  Governor  the 


Convention  of  1861.  167 

funds  required  by  the  foregoing  resolutions,  and  that  these 
resolutions  he  accordingly  communicated  by  the  President 
of  the  Convention  to  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives,  to  be  laid 
before  those  bodies  in  secret  session. 

Mr.  Cam,  from  the  Committee  appointed  to  count  the 
ballots  cast  for  Commissioner  to  Mississippi,  reported  that 
no  one  had  received  a  majority  of  the  ballots  cast,  and  that 
consequently  there  was  no  election. 

On  motion  of  Mr.  Cam,  the  Convention  proceeded  to 
another  ballot  for  Commissioner  to  Mississippi. 

Mr.  Thomas  Thomson,  from  the  Committee  on  Accounts, 
made  a  report : 

On  the  account  of  Horton  &  Shepherd  ; 

On  the  account  of  Lambert  &  Howell ; 

On  the  account  of  J.  E.  Snares  ; 

On  the  account  of  E.  1\.  Cowperthwait ; 

On  the  account  of  D.  H.  Silcox ;  and 

On  the  account  of  Thomas  Aimar;  which  was  considered 
immediately,  and  was  agreed  to. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Carn,  the  Convention  proceeded  to 
the  consideration  of  the  following  resolution,  which  had 
been  made  the  special  order  of  the  day  for  this  day,  at  one 
o'clock,  p.  m.  : 

Resolved,  That  this  Convention  do  adjourn,  subject  to  the 
call  of  the  President,  on  Wednesday  next,  the  2d  hist.,  at 
four  o'clock,  p.  m. 

On  motion  of  Mr.  Carn,  the  special  order  was  discharged, 
and  was  made  the  special  order  of  the  day  for  to-morrow, 
at  one  o'clock,  p.  m. 

Mr.  Porcher  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 


108  Journal  op  the 

Resotved,  Thai   a  Committee  of  three  be  appointed  to 

prepare  designs  t<»  It  submitted  to  this  Convention,  from 
which  t<>  select  a  flag,  to  be  known  as  the  Ensign  of  the 
State  of  South  Carolina. 

Whereupon,  the  President  appointed  the  following  gen- 
tlemen of  the  Committee: 

Messrs.  F.  J.  Porcher, 
R.  DeTreville, 
13.  II.  Rutledge. 

Mr.  Cauthen,  from  the  Committee  appointed  to  count 
the  ballots  cast  for  Commissioner  to  Mississippi,  reported 
that  Mr.  Armistead  Burt  had  received  a  majority  of  the 
ballots  cast. 

Whereupon,  the  President  announced  that  Mr.  Armistead 
Burt  is  duly  elected  Commissioner  to  Mississippi. 

Mr.  Campbell  ottered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  President  of  this  Convention  he  au- 
thorized to  appoint  Commissioners  to  such  of  the  slave- 
holding  States  as  may  call  Conventions  during  the  recess 
of  this  body,  and  to  which  Commissioners  have  not  been 
elected,  for  the  same  purpose  and  with  the  same  powers  as 
those  already  elected  ;  and  that  the  Governor  of  this  State 
be  requested  to  issue  commissions  to  such  Commissioners 
in  the  manner  and  form  of  the  Commissions  directed  to  be 
issued  to  those  already  appointed. 

On  motion  of  Mr.  Withers,  the  Convention  was  adjourned 
at  half-past  one  o'clock,  P.  H. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1861. 


169 


THURSDAY,  JANUARY  3,  1861. 


At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  William  Curtis. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 


Messrs.  Allison, 
Apple!  >y, 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Boho, 
Bon  n  can, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Campbell, 
Cam, 

Caughman, 
Charles, 
(Mi  eves, 
Clarke, 
Curtis, 
Darby, 
Dargan, 
Davis, 

De^Saussure, 
De.Treville, 
Dunkin, 
Du  Pre, 
Kasley, 
Ellis, 
English, 
Evans, 
Fair, 
Finley, 


Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

( Darlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

( Join-din,  R.  X. 

Gourdin,  T.  L. 

( J-regg,  Maxcy 

Gregg,  William 

Grisham, 

Hammond, 

llanckel, 

llarllee, 

Harrison, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 


170 


Joi  &HAI  OF  Tin: 


L  v  1  • 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Maxwell, 

Mazyck, 

Means, 

Memminger, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Robinson, 

Rowell, 

Rutledge, 

SfOtt, 


Seabrook,  ( <.  W.,  Sr, 
Shingler,  J.  M. 
Shingler,  W.  P. 

Simons, 
Simpson, 
Smith, 
Snowden, 

Spain, 
Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wagner, 
"Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  II. 
Wier, 
Williams, 
Wilson,  J.  II. 
Wilson,  W.  13. 

Withers, 
Woods, 

Ybunar. 


The  Journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following 

communication : 

Charleston,  January  1,  1861. 
D.  F.  Jamison,  Esq., 

President  of  the  Convention 

of  the  People  of  Smith  Carolina  : 

Sir:  At  a  regular  Monthly  Meeting  of  the  St.  Andrew's 
Society  of  Charleston,  held  last  evening)  on  motion,  it  was 
unanimously  agreed,  that  the  gratuitous  use  of  their  Hall 
be  granted  to  the  Convention  now  in  session. 

I  was  requested  to  communicate  the  same  to  you. 
I  remain,  sir,  your  obedient  servant, 

ROBERT  MURE, 
President  of  St.  Andrew's  Society  of  Charleston. 


Convention  of  1861.  171 

On  motion  of  Mr.  "Withers,  the  thanks  of  the  Convention 
were  returned  to  the  St.  Andrew's  Society  for  the  use  of 
their  Hall,  and  to  the  Charleston  Delegation  for  their  serv- 
ices in  making  arrangements  for  the  accommodation  of  the 
Convention. 

Mr.  A.  H.  Brown  offered  the  following  resolution,  which, 
on  motion  of  Mr.  D.  L.  Wardlaw,  was  ordered  to  lie  on 
the  table : 

Mesolned,  That  all  citizens  of  the  United  States,  not  domi- 
ciled in  South  Carolina  at  the  time  of  the  adoption  of  the 
Ordinance  of  Secession,  but  owning  real  estate  within  its 
limits,  be,  and  the  same  are  hereby,  empowered  to  hold 
and  to  dispose  of  the  same  by  sale  or  otherwise,  without 
hinderanee  or  molestation  by  this  Government. 

On  motion  of  Mr.  Scott,  leave  of  absence  was  granted  to 
Mr.  J,  E.  Jenkins,  on  account  of  illness  in  his  family. 
The  Convention  went  into 


SECRET  SESSION". 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements,  made  the  following  Report, 
which  was  ordered  for  consideration  to-morrow: 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  to  whom  was  referred  the  communication 
of  his  Excellency  the  Governor,  in  relation  to  the  matter  of 
Mr.  Pressley,  Assistant  Treasurer  of  the  United  States,  beg 
leave  to  Report: 

That  they  have  ascertained,  on  inquiry,  that  since  the 
passage  of  the  Ordinance  in  reference  to  the  Customs,  no 
funds  have  been  paid  by  the  Collector  to  the  Assistant 
Treasurer,  but  the  duties  have  been  deposited  in  the  Trea- 
sury of  the  State  of  South  Carolina.  Mr.  Pressley  has 
received  about  four  hundred  dollars  from  the  Post-office, 
which,  with  other   funds  from    the  Post-office   before    re- 


172  Journal  op  mi: 

ceived,  is  paid  out  by  him  to  the  railroads  and  other 
contractors  for  carrying  the  mails.  Much  of  this  is  already 
checked  for,  and  his  application  to  the  Governor  was  nod 
in  reference  te  this  fund. 

But  the  Assistant  Treasurer  has  other  funds  in  Ids  hands 
belonging  exclusively  to  the  United  States.  They  arise 
from  duties  collected  in  Augusta,  (Georgia,)  Chattanooga 
and  Knoxville,  (Tennessee);  from  the  land  office  in  Ala- 
bama; from  the  mint  at  Dahlonega,  and  aboul  $9,000  in 
silver  received  from  the  mint  in  Philadelphia  Some  of 
these  funds  stood  to  the  credit  of  particular  persons  (as  the 
Committee  understood.)  Among  them,  the  sum  of  £;>,400 
was  Bubject  to  the  draft  of  Major  Eutto,  Paymaster  of  the 
United  States;  and  the  inquiry  which  he  had  proposed  was 
in  relation  to  drafts  on  this  fund,  and  was  made  in  conse- 
quence of  a  previous  intimation  from  the  Governor. 

When  the  Committee  have  informed  the  Convention 
from  what  source  the  funds  in  the  charge  of  the  Assistant 
Treasurer  have  been  derived,  and  to  whom  they  belong, 
the  principal  duty  assigned  to  the  Committee  has  been  dis- 
charged, and  the  Convention  have  the  information  which 
may  determine  their  action.  When  war  has  been  declared, 
the  public  property  of  an  enemy  may  be  eonfiseated.  Cases 
sometimes  arise,  and  have  arisen,  which  may  justify  BUch 
procedure  without  a  previous  declaration  of  hostilities. 
These  are  extreme  eases,  and  must  necessarily  depend  upon 
the  exigency  of  the  occasion  to  wan-ant  an  extraordinary 
procedure.  The  communication  of  the  Governor  relates  to 
drafts  for  payment  of  persons  in  the  service  of  the  United 
States.  Whether  it  LS  expedient  for  the  Convention  to 
interfere  and  stop  the  payment  of  these  drafts,  is  a  question 
for  their  own  proper  consideration. 

The  President  read  to  the  Convention  certain  dispatches 
received  from  the  Commissioners  at  Washington. 

Mr.  Quattlebaum  offered  the  following  resolution,  which 
was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  in  case  of  the  death,  resignation,  inability 


Convention  of  1861.  173 

or  refusal  to  serve  of  any  of  the  Commissioners  elected  to 
the  several  States,  the  President  of  this  Convention  is 
hereby  authorized  to  fill  the  vacancy  by  appointment,  if 
the  Convention  should  not  then  be  in  session;  and  it  shall 
be  the  duty  of  the  Governor  to  commission  the  person  so 
appointed. 

Mr.  Ilutson  offered  the  following  resolution,  which  was 
ordered  for  consideration  to-morrow : 

Resolved,  That  the  Convention  proceed,  forthwith,  to 
ballot  for  eight  Deputies,  who  shall  be  authorized  to  meet 
in  Convention  such  Deputies  as  may  be  appointed  by  the 
other  slaveholding  States  who  may  secede  from  the  Federal 
Union. 

Mr.  Ilarllee  informed  the  Convention  that  Mr.  Logan, 
the  Cashier,  and  Mr.  Pressley,  the  Deputy  Cashier,  were 
absent,  in  the  discharge  of  military  duty;  and 

On  motion  of  Mr.  Ilarllee,  it  was 

Resolved,  That  the  President  appoint  a  Cashier  pro  tem., 
and  a  Deputy  Cashier  pro  tern. 

Whereupon,  the  President  appointed  Mr.  F.  J.  Porcher, 
Cashier  />rr>  (em.,  and  Mr.  13.  II.  Rutledge,  Deputy  Cashier 
2>ro  tem. 

On  motion  of  Mr.  Ilarllee,  leave  ot  absence  for  three 
days  was  granted  to  Mr.  Logan  and  to  Mr.  Pressley. 

Mr.  Finley  offered  the  following  resolutions,  which  were 
made  the  special  order  of  the  day  for  to-morrow,  at  eleven 
o'clock,  a.  m.,  and  were  ordered  to  be  printed: 

Whereas,  it  is  expedient  that  at  the  earliest  practicable 
period,  a  Provisional  Government  should  be  organized  for 
such  of  the  slaveholding  States  of  the  United  States  of 
America,  as  shall  secede  from  the  union  of  said  States; 

And   whereas,  it   is  recpiisite  to  this  end   that  prompt 


174  Journal  of  thk 

action  should  be  taken  <m  this  subject  by  the  Conven- 
tions of  the  Beceding  State--. 

And  whereas,  the  plan  of  a  General  Convention  bo  Be1  in 

□  a    Provisional  Government,  may  tail  to  effect  the* 

objecl    proposed,   either   from    being  unacceptable  t<»  the 

Conventions  of  the  other  seceding  states,  or  from  the  delay 

incident  to  said  plan  of  procedure;  be  it,  therefore, 

Resolved,  Thai  it  he  recommended  t<>  each  of  the  Con- 
ventions of  such  of  the  said  States  :is  shall  secede  previous 
to  the  ninth  day  of  February  next,  to  elect  at  any  time 
between  the  act  of  secession  and  the  said  ninth  day  oi'  Feb- 
ruary, a  President  and  Vice  President  of  the  said  Provis- 
ional  Government,  (me  of  whom  shall  not  be  an  inhabitant 
of  the  said  seceding  State;  and  the  persons  having  a  ma- 
jority of  the  votes  cast  in  each  of  said  Conventions  for  the 
offices  of  President  and  Vice  President,  shall  be  considered 
entitled  to  as  many  votes  for  said  offices  in  the  Provisional 
Government  as  the  State  thus  voting  was.  while  one  of  the 
United  States,  entitled  to  cast  in  the  election  of  President 
and  Vice  President  of  the  said  United  States;  and  that  it 
be  also  recommended  to  each  of  said  Conventions  to  elect, 
at  the  same  time  aforesaid,  two  Senators,  and  as  many 
Representatives  as  the  seceding  State  was  entitled  to  in  the 
Congress  of  the  United  States,  previous  to  tin-  act  of 
secession.  And  that  the  Senators  and  Representatives, 
thus  elected,  shall  assemble  at  the  City  of  in  the 

Stale  of  ,  on  the  13th   day  of   February  next, 

and  then  and  there  be  organized  as  the  Provisional  Con- 
gress of  the  Southern  Confederacy,  with  the  Constitution 
of  the  United  States  as  a  basis  for  said  Provisional  Govern- 
ment, so  far  as  the  same  may  he  applicable  to  such  a  Gov- 
ernment. And  that  it  he  also  recommended  to  each  of  the 
said  Conventions  to  transmit  the  result  of  the  votes  cast  for 
President  and  Vice-President,  in  a  sealed  certificate,  signed 
by  the  President  of  the  said  Convention,  to  the  said  Coti- 
gress,  SO  as  to  be  received  by  them  on  the  day  of  their 
assembling,  directed  to  the  President  of  the  Senate  and  the 
Speaker  of  the  House  of  Representatives;  and  that  on  the 


Convention  of  1861.  175 

day  following,  all  of  the  votes  received  be  counted  by  them 
in  the  presence  of  the  Senate  and  House  of  Representa- 
tives, in  Congress  assembled,  and  the  result  declared.  And 
the  persons  having  the  greatest  number  of  votes  for  Presi- 
dent and  Vice-President,  shall  be  the  President  and  Vice- 
President  of  the  said  Provisional  Government,  if  such 
number  be  a  majority  of  the  whole  number  of  votes  cast; 
and  if  no  persons  have  such  majority,  then  the  election  for 
said  offices  shall  be  made  and  conducted  by  the  Senate  or 
House  of  Representatives,  as  the  ease  may  be,  in  like 
manner  as  is  prescribed  in  the  said  Constitution  of  the 
United  States  for  the  offices  of  President  and  Vice-Presi- 
dent of  the  said  United  States;  and  the  persons  elected  to 
said  offices,  either  by  the  said  Conventions  or  by  the  Con- 
gress of  the  Southern  Confederacy,  shall  hold  the  said 
offices  during  the  period  for  which  the  said  Provisional 
Government  shall  continue  to  exist,  and  no  longer. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
various  resolutions  in  relation  to  the  adjournment  and  re- 
assembling of  the  Convention,  which  had  been  made  the 
special  order  of  the  day,  for  this  day,  at  one  o'clock,  p.  m. 

Mr.  Gist  withdrew  his  amendment. 

Mr.  Cheves  offered  the  following  amendment : 

Resolved,  That  from  the day  of  January  to  the 


day  of  the  same,  members  shall  constitute  a  quorum. 

Resolved,  That  such  quorum,  when  consisting  of  less  than 
a  majority  of  the  whole,  ought  not  to  act  upon  any  matter 
not  imperatively  demanding  action. 

On  motion,  the  amendments  offered  by  Mr.  Cheves  were 
ordered  to  lie  on  the  table. 

Mr.  Mazyck  offered  the  following  amendment,  which,  on 
motion  of  Mr.  Smyly,  was  ordered  to  lie  on  the  table: 

"And  the  call  for  a  meeting  of  the  Convention  shall  be 
published  in  the  daily  newspapers  of  Charleston   and    Co- 


176  Journal  of  the 

luinliia.  at  least  five  davs  before  the  time  appointed  for 
Bach  meeting." 

The  resolutions  offered  by  Mr,  Gregg  were  agreed  to. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Cam,  the  Convention  proceeded  to 
the  consideration  of  the  following  resolution,  which  Lad 

been  made  the  special  order  of  the  day  for  this  day.  at  one 
o'clock,  p.  M. 

JResolved,  That  this  Convention  do  adjourn,  subjecl  to  the 
call  of  the  President,  on  Wednesday  next,  the  '2d  inst.,  at 
four  o'clock,  p.  m. 

On  motion  of  Mr.  Cam,  the  resolution  was  ordered  to  lie 
on  the  table;  and 

Mr.  Cam  offered  the  following  resolutions: 

Resolved,  That  the  President  of  this  Convention  is  hereby 

authorized  to  issue  bills,  payable  at  the  Bank  of  the  State, 
providing  for  the  payment  of  the  per  diem  and  mileage  fees 
of  the  members  of  this  Convention,  at  the  same  rate 
allowed  to  the  members  of  the  Legislature. 

Itcsolrerf,  That  this  Convention  adjourn  at  four  o'clock, 
p.  m.,  on  Friday  next,  the  4th  inst.,  until  such  time  as  it 
may  be  convened  by  order  of  the  President,  or  the  Com- 
mittee appointed  for  that  purpose,  in  case  of  his  death  or 
disqualification. 

Mr.  Perrin  offered,  the  following  amendment  to  the 
second  resolution : 

Strike  out  all  after  the  word  "until"  and  insert  "to 
meet  at  this  place  Wednesday,  the  23d  inst,  at  twelve 
o'clock,  M.,  unless  called  together  by  the  President  at  an 
earlier  day. 

On  motion,  the  resolutions  and  the  amendment  were 
ordered  to  lie  on  the  table. 

On  motion,  the  Convention  was  adjourned. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1861. 


17 


FRIDAY,  JANUARY  4,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  J.  Wannamaker. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bobo, 
Bonneau, 
Brown,  A.  H. 
Burnet, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carroll, 
Caughman, 
Chesnut, 
Cheves, 
Clarke, 
Curtis, 
Darby, 
Dargan, 
Davis, 

De  Saussure, 
Duncan, 
Dunkin, 
Du  Pre, 
Ellis, 
English, 
Evans, 
Fair, 
Finley, 
Flud, 
12 


Forster, 

Foster, 

Furman, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  N 

Gourdin,  T.  L 

Grisham, 

Ilanckel, 

Harllee, 

Harrison, 

Ilayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Ilutson, 

Inglis, 

Jackson, 

Jeft'eries, 

Jenkins,  John 

Johnson, 

Kcitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kiusler, 

Landrum, 

Lawton, 

Lewis, 

Mclver, ' 

McKee, 


it- 


Journal  OF  THE 


MoLeod, 

Maxwell, 

Mazvck. 

Means. 

Memminger, 

Middlt'toii,  .1.  Izard 

Middleton,  W. 

Moore, 

Nowell, 

Palmer, 

Parker, 

Perrin, 

Porch  er, 

Quattlebaum, 

Rainey, 

Reed, 

Rliett, 

Rhodes, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Shingler,  J.  M. 

Shingler,  W.  P. 


Simons. 
Simpson, 

SiiiyIy, 

Smith, 

Spain, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,"  Thomas 

Timmons, 

Tompkins, 

Wannamaker, 

Wardlaw,  1).  L. 

Wardlaw,  F.  H. 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Younsr. 


The  Journal  of  yesterday's  proceedings  was  read. 
The   President  announced  the  following  Committee  to 
call  together  the  Convention  in  the  event  of  the  death  or 
disqualification  of  the  President : 

Messrs.  B.  F.  Dunkin, 
D.  L.  Wardlaw, 
R.  W.  Barnwell, 
R.  B.  Rhett, 
W.  W.  Harllee. 


On  motion  of  Mr.  Dunkin,  the  Convention  went  into 

SECRET  SESSION". 

The  President  read  to  the  Convention  certain  despatches, 
which,  on  motion,  were  communicated  to  his  Excellency 
the  Uovernor. 


Convention  of  1861.  179 

GENERAL  ORDERS. 


The  Report  of  the  Committee  on  Commercial  Relations 
and  Postal  Arrangements,  on  a  communication  from  his 
Excellency  the  Governor,  in  relation  to  drafts  on  the  Treas- 
ury, was  taken  up. 

Mr.  Mazyck  offered  the  following  resolution  : 

Resolved,  That  Mr.  B.  C.  Pressley,  late  Assistant  Treas- 
urer of  the  United  States,  at  Charleston,  be,  and  he  is 
hereby  instructed  and  required  to  retain  in  his  hands  and 
possession,  until  the  further  order  of  this  Convention,  all 
money  received  by  him  on  account  of  the  United  States 
before  the  withdrawal  of  this  State  from  the  Federal  Union : 
Provided,  that  this  order  shall  not  extend  to  money  re- 
ceived from  Post-masters,  which  he  shall  be  authorized  to 
pay  to  mail  contractors  in  South  Carolina,  on  account  of 
their  contracts. 

Mr.  Withers  offered  the  following  amendment,  which 
was  accepted  by  the  mover  of  the  resolution : 

Whereas,  it  appears  that  certain  funds  are  in  the  custody 
of  B.  C.  Pressley,  Esq.,  Assistant  Treasurer  of  the  United 
States,  which  do  belong  to  that  power ;  but,  in  considera- 
tion that  the  position  of  the  United  States  towards  South 
Carolina  is  equivocal,  seeming,  however,  to  this  Conven- 
tion, to  wear  the  aspect  of  hostility  rather  than  of  peace : 
Resolved,  therefore,  that  the  said  sub-Treasurer  be  directed 
to  hold  such  funds,  subject  to  the  further  order  of  this 
Convention,  to  the  end,  that  a  proper  account  for  said  funds 
will  be  made  by  this  State,  in  connection  with  other  prop- 
erty of  the  said  United  States  in  possession  of  this  State, 
upon  a  future  final  settlement,  with  the  said  United  States. 

On  motion,  the  resolution  and  amendment  were  ordered 
to  lie  on  the  table. 

Mr.  Dunkin  offered  the  following  resolution,  which  was 


lv"  Journal  of  tiii: 

agreed  to,  and  was  transmitted  to  his  Excellency  the  Cov- 
ernor. 

Resolved^  That  the  interdict  on  the  Assistant  Treasurer 
in  relation  to  drafts  on  funds  in  his  hands  be  removed* 

The  Report  of  the  Committee  was  ordered  to  lie  on  the 
table. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Finley,  the  Convention  proceeded  to 
the  consideration  of  the  following  resolutions,  which  had 
been  made  the  special  order  of  the  day  for  this  day,  at  one 
o'clock,  P.  M. 

Whereas,  it  is  expedient  that  at  the  earliest  practicable 
period,  a  Provisional  Government  should  be  organized  for 
such  of  the  slaveholding  States  of  the  United  States  of 
America,  as  shall  secede  from  the  Union  of  said  States; 

And,  whereas,  it  is  requisite,  to  this  end,  that  prompt 
action  should  be  taken  on  this  subject  by  the  Conventions 
of  the  seceding  States; 

And,  whereas,  the  plan  of  a  General  Convention,  to  set 
in  motion  a  Provisional  Government,  may  fail  to  effect  the 
object  proposed,  either  from  being  unacceptable  to  the  Con- 
ventions of  the  other  seceding  States,  or  from  the  delay 
incident  to  said  plan  of  procedure  ;  be  it  therefore 

Resolved,  That  it  be  recommended  to  each  of  the  Con- 
ventions of  such  of  the  said  States  as  shall  secede  previous 
to  the  9th  day  of  February  next,  to  elect,  at  any  time 
between  the  act  of  secession  and  the  said  9th  day  of  Feb- 
ruary, a  President  and  Vice  President  of  the  said  Provis- 
ional Government,  one  of  whom  shall  not  be  an  inhabitant 
of  the  said  seceding  State ;  and  the  persons  having  a 
majority  of  the  votes  cast  in  each  of  said  Conventions,  for 
the  offices  of  President  and  Vice-President,  shall  be  con- 
sidered entitled  to  as  many  votes  for  said  offices  in  the 
Provisional  Government,    as  the    State   thus  voting   was, 


Convention  of  1861.  181 

while  one  of  the  United  States,  entitled  to  cast  in  the  elec- 
tion of  President  and  Vice-President  of  the  said  United 
States  ;  and  that  it  be  also  recommended  to  each  of  said 
Conventions,  to  elect  at  the  same  time  aforesaid  two  Sen- 
ators, and  as  many  Representatives,  as  the  seceding  State 
was  entitled  to  in  the  Congress  of  the  United  States,  pre- 
vious to  the  act  of  secession.  And  that  the  Senators  and 
Representatives  thus  elected  shall  assemble  at  the  City 
of  in  the  State  of  on  the 

13th  day  of  February  next,  and  then  and  there  be  organized 
as  the  Provisional  Congress  of  the  Southern  Confederacy, 
with  the  Constitution  of  the  United  States  as  a  basis  for 
said  Provisional  Government^ao  far  as  the  same  may  be 
applicable  to  such  a  Government;  and  that  it  be  also  re- 
commended to  each  of  the  said  Conventions,  to  transmit 
the  result  of  the  votes  cast  for  President  and  Vice-Presi- 
dent, in  a  sealed  certificate,  signed  by  the  President  of  the 
said  Convention  to  the  said  Congress,  so  as  to  be  received 
by  them  on  the  day  of  their  assembling,  directed  to  the 
President  of  the  Senate  and  Speaker  of  the  House  of  Rep- 
resentatives ;  and  that  on  the  day  following,  all  of  the  votes 
received  be  counted  by  them,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  in  Congress  assembled,  and 
the  result  declared  ;  and  the  persons  having  the  greatest 
number  of  votes  for  President  and  Vice-President,  shall  be 
the  President  and  Vice-President  of  the  said  Provisional 
Government,  if  such  number  be  a  majority  of  the  whole 
number  of  votes  cast;  and  if  no  persons  have  such  major- 
ity, then  the  election  for  said  offices  shall  be  made  and 
Conducted  by  the  Senate  or  House  of  Representatives,  as 
the  case  may  be,  in  like  manner  as  is  prescribed  in  the  said 
Constitution  of  the  United  States,  for  the  offices  of  Presi- 
dent and  Vice  President  of  the  said  United  States ;  and  the 
persons  elected  to  said  offices,  either  by  the  said  Conven- 
tions, or  by  the  Congress  of  the  Southern  Confederacy, 
shall  hold  the  said  offices  during  the  period  for  which  the 
said  Provisional  Government  shall  continue  to  exist  and  no 
longer. 


182  Journal  of  the 

On  motion  of  Mr.  Pope,  the  resolutions  were  ordered  to 
lie  "ii  the  table. 

.Mr.  Simons,  from  the  Committee  on  Engrossed  Ordi- 
nances, made  the  following  report,  which  was  considered 
immediately,  and  was  agreed  to. 

The  Committee  on  Engrossed  Ordinances  would  respect- 
fully report,  that  "the  declaration  of  the  immediate  causes 
which  induce  and  justify  the  secession  of  the  State  of  South 
Carolina  from  the  Federal  Onion,"  has  been  duly  engrossed 
and  enrolled,  and  having  been  signed  by  the  President,  and 
attested  b}'  the  Clerk  of  the  Convention,  and  the  seal  of 
the  State  attached  thereto,  has  been  deposited  in  the  office 
of  the  Secretary  of  State. 

Your  Committee  would  further  report,  that  they  have 
authorized  the  Secretary  of  State  to  procure  a  suitable  box* 
for  the  proper  security  and  preservation  of  the  various 
Ordinances,  Reports  and  Resolutions,  which  have  been 
adopted,  and  directed  to  be  engrossed  by  the  Convention. 

Mr.  Thomas  Thomson  presented  the  Report  of  the  Com- 
mittee on  Accounts,  on  the  account  of  A.  J.  Burke,  for 
stationery;  which  was  considered  immediately,  and  was 
agreed  to. 

Mr.  Thomas  Thomson  offered  the  following  resolution, 
which  was  considered  immediately,  and  was  agreed  to. 

Resolved,  That  the  Committee  of-  Arrangements,  from 
the  Delegation  of  St.  Philip  and  St.  Michael,  be  requested 
to  take  in  charge  for  safe  keeping  the  various  articles  pur- 
chased by  the  Convention  for  its  use,  until  the  further  order 
of  the  same. 

GENERAL  ORDERS. 

The  following  resolution  was  agreed  to: 

Resolved,  That  the  Convention  proceed  forthwith  to  bal- 
lot for  eight  Deputies,  who  shall  be  authorized  to  meet  in 
Convention  such  Deputies  as  may  be  appointed  by  the  other 


Convention  of  1861.  183 

slaveholding   States,    who   may   secede  from   the  Federal 
Union. 

Whereupon,  the  Convention  proceeded  to  ballot  for  eight 
Deputies,  provided  for  in  the  foregoing  resolution. 

Mr.  Miles,  from  the  Committee  on  Foreign  Relations, 
made  the  following  report,  which  was  considered  immedi- 
ately, and  was  agreed  to  : 

The  Committee  on  Foreign  Relations,  to  whom  were 
referred  certain  resolutions,  directing  the  Governor  to  make 
known  to  Foreign  Powers  the  separation  of  South  Carolina 
from  the  Confederacy  of  the  United  States  of  America, 
beg  leave  to  report :  That  they  have  considered  the  same, 
and  recommend  for  their  adoption,  with  the  following  am- 
endment to  the  first  resolution:  After  the  words  "United 
States  of  America,"  insert  the  following:  "and  of  the  two 
Addresses  setting  forth  the  causes  of  the  withdrawal  of 
South  Carolina  from  the  Confederacy  of  the  United  States." 

Mr.  Miles,  from  the  Committee  Sn  Foreign  Relations, 
made  the  following  report,  which  was  considered  immedi- 
ately, and  was  agreed  to  : 

The  Committee  on  Foreign  Relations,  to  whom  was 
referred  the  Ordinance  empowering  the  Governor  of  South 
Carolina,  in  certain  contingencies,  to  issue  letters  of  marque 
and  reprisal,  beg  leave  to  report:  That  they  have  duly 
considered  the  subject  committed  to  them,  and  deem  it 
inexpedient  that  this  Convention  should  take  any  imme- 
diate action  thereon. 

Mr.  F.  H.  Wardlaw  offered  the  following  resolution, 
which  was  ordered  for  consideration  to-morrow: 

Resolved,  That  upon  any  adjournment  or  recess  of  this 
Convention,  the  General  Assembly,  if  in  session,  be  vested 
with  full  power  to  take  care  that  the  Commonwealth  receive 
no  detriment. 

On  motion  of  Mr.  Mclver,  business  was  suspended  at 
forty-five  minutes  past  one  o'clock,  p.  m.,  until  seven 
o'clock,  P.  M. 


184  Journal  of  the 

RECESS. 

The  President  resumed  the  chair. 

Mr.  Cheves,  from  the  Committee  appointed  to  count  the 
ballots  cast  for  deputies,  reported,  that  Mr.  R.  B.  Rhett 
received  92  votes;  Mr.  R.  AV.  Barnwell,  78  votes;  Mr.  C. 
G.  Memminger,  Q$  votes  ;  Mr.  W.  P.  Miles,  Gl  votes,  and 
Mr.  James  Chesnut,  Jr.,  68  votes. 

And  that  Messrs.  R.  B.  Rhett,  R.  W.  Barnwell,  C.  G. 
Memminger,  "W".  P.  Miles  and  James  Chesnut,  Jr.,  having 
received,  respectively,  a  majority  of  the  ballots  east,  were 
consequently  elected. 

On  motion  of  Mr.  Chesnut,  the  Convention  proceeded  to 
a  second  ballot  for  Deputies. 

Mr.  Quattlebaum  presented  the  Report  of  the  Committee 
on  Printing,  on  a  Resolution  providing  for  having  photo- 
graphed the  Ordinance  of  Secession  ;  which  was  ordered 
for  consideration  to-nmrrow. 

On  motion  of  Mr.  Chesnut,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  R,  W.  Barnwell,  Mr.  J.  II.  Adams,  and  Mr.  J.  L. 
Orr,  Commissioners  to  Washington,  attended,  and  reported 
to  the  Convention  the  result  of  their  mission,  together  with 
their  correspondence  with  the  President  of  the  United 
States. 

Mr.  Means  offered  the  following  resolutions : 

Resolved,  That  the  thanks  of  this  Convention  are  due, 
and  are  hereby  given  to  our  Commissioners  for  the  able 
and  faithful  manner  in  which  they  have  discharged  their 
trust. 

Resolved,  That  five  thousand  copies  of  their  correspond- 
ence with  the  President  be  printed  for  general  distribution. 

Mr.  Furman  offered  the  following  amendment  to  the  first 
resolution : 


Convention  of  1861.  185 

Resolved,  That  this  Convention  is  profoundly  sensible  of 
the  wisdom  and  fidelity  which  have  characterized  the  per- 
formance of  the  high  functions  with  which  the  Commis- 
sioners to  Washington  were  charged  by  this  body. 

The  amendment  was  agreed  to  ;  and  the  Resolutions,  as 
amended,  were  agreed  to. 

Mr.  Mazyck  offered  the  following  Resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  in  consideration  of  the  very  important  aid 
rendered  to  our  Commissioners  in  advancing  the  object  of 
their  mission,  by  William  II.  Trescott,  Esquire,  the  Con- 
vention include  him  in  the  expression  of  their  profound 
sense  of  the  meritorious  services  of  the  Commission,  and 
place  him  in  all  respects  on  the  same  footing  as  one  of  the 
Commissioners. 

Mr.  Curtis,  from  the  Committee  appointed  to  count  the 
ballots  cast  for  Deputies  to  a  Convention  of  the  seceding 
States,  reported,  that  Mr.  L.  M.  Keitt,  Mr.  T.  J.  Withers, 
and  Mr.  W.  W.  Boyce,  had  respectively  received  a  majority 
of  the  ballots  cast. 

Whereupon,  the  President  announced  that  Mr.  L.  M. 
Keitt,  Mr.  T.  J.  Withers,  and  Mr.  W.  W.  Boyce  are  duly 
elected. 

On  motion,  the  injunction  of  secrecy  was  removed  from 
the  Report  of  the  Commissioners  to  Washington,  except  so 
much  thereof  as  relates  to  their  conversations  with  the 
President. 

Mr.  Kershaw  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to ;  and  a  copy 
thereof  was  sent  to  his  Excellency  the  Governor : 

Resolved,  That  in  referring  to  the  Governor  and  Council 
for  their  action,  certain  resolutions  providing  for  calling 
into  service  volunteer  companies  for  a  limited  time,  it  was 
not  intended  by  this  Convention,  thereby  to  abrogate  or 
impair  the  operation  of  the  recent  Act  of  the  General  As- 


1m;  Journal  of  tuf. 

sembly,  entitled,  "An  Act  to  provide  an  Armed  Military 
Force." 

On  motion  of  Mr.  Pope,  leave  of  absence  was  granted  to 
Mr.  Barnwell. 

Mr.  Bobo  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  President  of  this  Convention  be  author- 
ized to  draw  warrants,  countersigned  by  the  Cashier,  upon 
the  Treasurer  of  the  Lower  Division,  for  the  per  diem  and 
mileage  of  the  members  of  this  Convention,  at  the  same 
rates  as  are  allowed  members  of  the  General  Assembly. 

Mr.  D.  L.  Wardlaw  offered  the  following  resolution, 
which  was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  Messrs.  Keitt  and  Miles,  two  of  our  late 
Representatives  in  the  Congress  of  the  United  States,  be 
requested  to  prepare  for  publication  a  paper,  setting  forth 
exactly  the  understanding  which  subsisted  between  them 
and  the  President  of  the  United  States,  and  the  circumstan- 
ces which  attended  the  forming  of  that  understanding. 

Mr.  Campbell  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  this  Convention  will  adjourn  to-morrow, 
to  meet  at  such  time  and  place  as  it  may  be  convened  by 
the  President,  under  the  provisions  of  the  Resolutions 
already  passed. 

On  motion  of  Mr.  Withers,  the  Convention  was  adjourned 
at  forty-five  minutes  past  ten  o'clock,  p.  m. 

n.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  of  1861. 


187 


SATURDAY,   JANUARY   5,   1861. 


At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  M.  Timmons. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  nanus  : 


Messrs.  Allison, 
Appleby, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Burnet, 
Cain, 
Caldwell, 
Campbell, 
Cam, 
Carroll, 
Caughman, 
Chesnut, 
Cheves, 
Clarke, 
Curtis, 
Darby, 
Dargan, 
De  Saussure, 
De  Treville, 
Dunkin, 
Du  Pre, 
Ellis, 
English, 
Evans, 
Fair, 


Finley, 

Find,* 

Forster, 

Foster, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Goodwin, 

Qourdin,  R.  N 

Gourdin,  T.  L 

Hanckel, 

Ilarllee, 

Harrison, 

Hayiie, 

Henderson, 

Honour, 

Hopkins, 

Ilutson, 

Inglis, 

Ingrain, 

Jackson, 

Jefferies, 

Jenkins,  John 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Law  ton, 

Lewis, 

Lyles, 

McCrady, 


1-vs 


Journal  of  the 


Mclver, 

M'I\ 

McLeod, 

Maxwell, 

Mazyck, 

Midaleton,  J.  Izard 

Middleton,  W. 

M  >ore, 

STobie, 

Novell, 

<  > '  1 1  en  r. 

Palmer, 

Parker, 

Perrin, 

Quattlebaum, 

Uaincv, 

Reed, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  G.  W.,  Sr. 

Shingler;  J.  M. 

Shingler,  W.  P. 


Simpson, 

Siiivlv, 

Smith, 

Snowden, 

Spain, 

Springs, 

Stokes, 
Sims. 

Thomson,  Thomas 

Thuliums, 

Tompkins, 

Townsend, 

W"agner, 

Wardlaw,  D.  L. 

Wardlaw,  F.  II. 

Wier, 

Williams, 

Wilson,  J.  II. 

Wilson,  W.  13. 

Withers, 

Youn<r. 


Tlie  Journal  of  yesterday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following 
despatch : 

"New  Orleans,  January  3,  1861. 
To  D.  F.  Jamison,  President  of  the  Convention: 

New  Orleans  fully  sympathises  with  Charleston  in  the 
perils  to  which  she  is  exposed,  and  will  not  fail  to  support 
her  when  the  occasion  demands  action. 

JOHN  T.  MLTNROE,  3fayor." 


The  President  laid  before  the  Convention  the  following 
communication : 

"January  2,  1861. 
Hon.  I).  F.  Jamison,  President  of  the  Convention: 

Snt:  Rev.  Henry  D.  Green,  a  member  of  the  Conven- 
tion, now  at  home  on  leave  of  absence,  is  prevented  by 
sickness  from  resuming  at  present  his  seat  in  that  body. 


Convention  of  1861.  189 

As  his  attending  physician,  I  would  say  that  his  return 
just  now  would  be  highly  improper.     He  asks  that  the 
Convention  will  excuse  him  until  his  health  improves. 
Very  respectfully, 

H.  D.  GREEK" 

On  motion  of  Mr.  Spain,  Mr.  Green  was  excused,  in 
compliance  with  his  request. 

Mr.  Ilntson  presented  an  Ordinance  to  vest  in  the  Gen- 
eral Assembly  the  power  to  establish  Postal  Arrangements ; 
which  was  considered  immediately,  was  agreed  to,  and  was 
ordered  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Ilntson,  the  Ordinance  was  committed 
to  the  Engrossing  Committee. 

Mr.  Keitt  offered  the  following  resolution;  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  no  officers  in  any  forces,  regular  or  vol- 
unteer, raised  under  order  of  this  Convention,  shall,  by 
reason  of  anything  in  the  Constitution  of  the  State,  be  dis- 
qualified from  holding  a  seat  in  either  House  of  the  Gen- 
eral Assembly,  or  any  other  office  in  the  State  to  which  he 
has  been,  or  shall  be,  appointed. 

On  motion  of  Mr.  Quattlebaum,  Mr.  A.  Burt,  Commis- 
sioner to  Mississippi,  and  Mr.  A.  P.  Calhoun,  Commis- 
sioner to  Alabama,  were  invited  to  seats  on  the  floor  of  the 
Convention. 

Mr.  Curtis  offered  the  following  resolution;  which  was 
considered  immediately,  and  was  agreed  to : 

Resolved,  That  our  late  Commissioners  to  Washington 
be  requested  to  prepare  a  written  statement  of  the  oral 
communications,  to  this  body,  connected  with  their  recent 
attempts  at  negotiation  with  the  President  of  the  United 
States,  for  the  delivery  of  the  forts  and  other  State  prop- 
erty, and  that  said  document  be  deposited  with  the  Presi- 
dent of  this  body,  under  the  injunction  of  secrecy,  until 
otherwise  ordered  by  this  body. 


190  Journal  of  the 

Mr.  Quattlebaum,  From  the  Committee  on  Printing,  pre- 
sented the 'following  report;  which  was  considered  imme- 
diately, and  was  agreed  to: 

"Thai  they  bave  placed  in  the  hands  of  the  Printers  of 
the  Convention,  the  correspondence  between  the  Commis- 
sioners of  South  Carolina  and  the  President  of  the  United 
States,  of  which  correspondence  five  thousand  copies  bave 
been  ordered  to  be  printed  for  the  use  of  the  Convention. 
The  Committee  recommend  that  each  member  of  the  Con- 
vention be  allowed  twenty  copies,  and  that  the  balance  be 
distributed  under  the  direction  of  the  Committee." 

They  further  recommend,  that  the  manuscript  he  re- 
turned by  the  printer  to  the  Clerk  of  the  Convention,  as 
soon  as  possible,  to  be  transcribed  on  his  Journal,  and  then 
deposited  in  the  Secretary  of  State's  office,  with  the  several 
Ordinances  of  this  Convention. 

Mr.  R.  N".  Gourdin  offered  the  following  Resolution, 
which  was  considered  immediately,  and  was  agreed  to: 

Jttsnlral,  That  the  table,  chair,  and  appurtenances  used 
in  Secession  I  fall  on  the  evening  of  the  20th  December, 
18G0,  for  the  signature  of  the  Ordinance  of  Secession,  be 
deposited,  with  a  memorandum  of  the  Bame,  after  the  final 
adjournment  of  the  Convention,  in  the  Legislative  Library 
in  the  State  House  in  Columbia. 

Mr.  Thomas  Thomson  offered  the  following  Resolution, 
which  was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  Clerk,  Messenger,  Door-keeper,  and 
Engrossing  cierks  of  this  Convention,  receive,  severally,  as 
compensation  for  their  services  to  this  day,  the  same  rate 
of  payment  in  proportion  to  the  time  they  have  served,  as 
is  allowed  the  same  officers  of  the  House  of  Representa- 
tives of  this  State;  and  the  President  of*  the  Convention  is 
authorized  and  directed  to  issue  his  warrants  upon  the 
Treasury,  in  the  manner  already  directed,  for  payment  of 
said  officers. 


Convention  of  1861.  191 

Mr.  Porcher  presented  the  accounts  of  J.  L.  Barnwell, 
of  F.  L.  Schouboe,  and  of  P.  Brady,  for  articles  furnished, 
and  services  rendered,  to  the  Convention;  which  were  sev- 
erally referred  to  the  Committee  on  Accounts. 

On  motion  of  Mr.  I).  L.  Wardlaw,  it  was 

Resolved,  That  our  late  Representatives  in  the  Congress 
of  the  United  States,  have  leave  to  print  the  paper,  which 
they  were,  by  resolution  of  this  Convention,  requested  to 
prepare,  if,  in  their  opinion,  it  shall  become  necessary. 

On  motion  of  Mr.  Spain,  the  Convention  was  adjourned 
at  eleven  o'clock,  a.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


PROCLAMATION. 


STATE  OF  SOUTH  CAROLINA: 

Know  all  Men  by  these  Presents,  That  I,  David  F.  Jamison, 
President  of  the  Convention  of  the  People  of  South  Caro- 
lina, assembled  pursuant  to  an  Act  of  the  General  Assem- 
bly, passed  on  the  ninth  day  of  ^November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  and  which 
adjourned  on  the  fifth  day  of  January,  one  thousand  eight 
hundred  and  sixty-one,  by  virtue  of  the  authority  vested  in 
me  by  the  said  Convention,  do  hereby  convoke  the  same, 
and  by  these  presents  do  herewith  summon  the  members 
of  said  Convention  to  re-assemble  at  Charleston,  in  the 
State  aforesaid,  at  twelve  o'clock,  m.,  on  the  twenty-sixth 
day  of  March,  inst. 

Given  under  my  hand  and  seal,  at  Charleston,  this  thir- 
teenth day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  in  the 
eighth-fifth  year  of  the  sovereignty  and  independence 
of  the  State  of  South  Carolina. 

D.  F.  JAMISON, 

President  of  the  Convention  of  the 

People  of  South  Carolina. 
Attest :  B.  F.  Arthur,  Clerk. 


13 


JOURNAL 


OF    THE 


CONVENTION  OF  1860-1861. 


TUESDAY,  MARCH  26,  1861. 

Pursuant  to  the  Proclamation  of  the  President  of  the 
Convention,  issued  on  the  thirteenth  day  of  March,  one 
thousand  eight  hundred  and  sixty-one,  the  Convention  of 
the  People  of  South  Carolina  re-assembled  in  St.  Andrew's 
Hall,  in  the  City  of  Charleston,  on  this  day,  at  twelve 
o'clock,  M. 

The  President  took  the  Chair,  and  addressed  the  Con- 
vention as  follows : 

Gentlemen:  Acting  under  a  resolution  of  the  Convention, 
authorizing  your  presiding  officer  to  re-assemble  this  body 
at  such  time  and  place  as  he  might  appoint,  I  have  fixed 
this  place,  from  whence  the  Convention  adjourned,  and  the 
earliest  practicable  moment,  for  your  meeting. 

The  chief  object  in  calling  you  together,  at  this  time,  is 
to  consider  the  Constitution  of  the  Confederate  States  of 
America,  which  has  been  adopted  and  submitted  to  us  by 
the  Congress  at  Montgomery,  with  such  other  questions  as 
the  exigencies  of  our  situation  may  require. 

The  President  also  stated,  that  under  another  resolution 
of  the  Convention,  authorizing  the   President  to  appoint 


196 


Journal  of  the 


of  this  body,  he  had  appointed  D.  W.  Davis, 
\1.  saenger,  and  V.  L  Sehouboe,  Door-keeper,  for  the  Con- 
vention. 

The  proeeedings  were  opened  with  prayer  by  Rev.  J.  G. 
Landrdm  ;  after  which,  the  Clerk  called  the  Roll,  and  the 
following  Delegates  answered  to  their  names: 


Messrs. 


Adam-. 

Du  Pre, 

Allison, 

Easley, 

Appleby, 

Ellis,' 

Atkinson, 

English, 

Aver, 

Evans, 

Barnwell, 

Fair, 

Barron, 

Flud, 

Barton, 

Forster, 

l'.eaty, 

Foster, 

llethea, 

Franipton, 

Bellinger, 

Furinan, 

Bobo, 

Garlington, 

Bonneau, 

Geiger, 

Brabham, 

Gist, 

Brown,  A. 

IL 

Glover, 

Brown.  0. 

1" 

Goodwin, 

Buchanan, 

Gourdin,  R.  K 

Burnet, 

Gourdin,  T.  L. 

Cain, 

Green, 

Calhoon, 

Gregg,  Maxcy 

Cam, 

Gregg,  William 

Carlisle, 

Grisham, 

Carroll, 

Hammond, 

<  'authen, 

1  lanckel, 

Charles, 

llarllee, 

<    liesliut, 

Harrison, 

Cheves, 

Havne, 

Clarke, 

1  Ienderson, 

Darby, 

Honour, 

Da  van  t, 

Hopkins, 

De  Saussurc, 

Hunter, 

De  Treville, 

Hutson, 

Duncan, 

Inglis, 

Dunkin, 

Ingram, 

Dunovant, 

A.  Q. 

Jefl'eries, 

Dunovaut, 

R.  G.  M. 

Jenkins,  John 

Convention  of  1861. 


197 


Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

Lyles, 

Mclver, 

McKee, 

Magrath, 

Manigault, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 


Rhett, 

Rhodes, 

Richardson,  F.  D. 

Rowel  1, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

T  imnions, 

Tompkins, 

Townsend, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

WMtner, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers. 

Woods, 

Young. 


The  Clerk  read  the  Journal  of  the  last  day  of  the  last 
session. 

The  President  laid  before  the  Convention  the  following 
communication : 


198  Journal  of  the 

coothtion  op  the  confederate  states  of  america, 
Montgomery,  Alabama,  March  12,  1861. 

lion.  I>.  F.  Jamison,  Charleston: 

Sik:  I  herewith  transmit  to  you,  a  certified  copy  of  the 
Constitution  of  the  Confederate  States  of  America,  aa  it 
was  finally  adopted  by  the  unanimous  vote  of  the  Conven- 
tion, to  be  placed  before  the  State  Convention  over  which 
you  preside,  for  its  approval  and  ratification. 

It  will  be  seen  that  the  Convention  here  have  conformed 
to  the  general  wish  of  the  people  of  these  States,  in  adopt- 
ing a  Constitution  upon  the  general  principles  of  the  Con- 
stitution of  the  United  States.  The  departures  from  the 
provisions  of  that  instrument  have  been  suggested  by  the 
experience  of  the  past,  and  are  intended  to  guard  against 
the  evil  and  dangers  which  led  to  the  dissolution  of  the 
late  Union.  This  Constitution  is  now  submitted,  with  con- 
iidence,  to  the  State  Conventions  for  their  action. 
Respectfully, 

HOWELL  COBB, 
President  of  the  Convention  C.  S.  A. 

On  motion  of  Mr.  Rhctt,  it  was 

Ordered,  That  the  communication  be  entered  on  the 
Journal,  and  that  five  hundred  copies  of  the  communica- 
tion and  of  the  Constitution  be  printed. 

The  President  laid  before  the  Convention  the  following 
communication ;  which,  on  motion  of  Mr.  Quattlebaum, 
was  ordered  to  be  entered  on  the  Journal: 

South  Carolina,  Abbeville,  February,  1861. 
Honorable  D.  F.  Jamison,  Presidad : 

1  have  the  honor  to  acquaint  the  Convention  of  the  peo- 
ple of  the  State  of  South  Carolina,  that  on  receiving  my 
credentials,  as  Commissioner  to  the  Convention  of  Missis- 
sippi, I  proceeded  immediately  to  the  Capital  of  that  State, 


Convention  of  1861.  199 

and  made   known  to  the   Convention  the  objects  of  my 
mission. 

Among  the  results  of  that  Convention,  were  the  Ordi- 
nance of  Secession  by  that  State,  and  certain  resolutions ; 
and  these,  in  compliance  with  the  request  of  the  Conven- 
tion, I  transmitted  to  the  Executive  authority  of  this  State. 

The  action  of  the  Convention  of  the  State  of  Mississippi 
was  prompt  and  fraternal,  and  is  a  noble  response  to  South 
Carolina — worthy  of  a  great  cause  and  a  gallant  people.  It 
is  due  to  the  lofty  heroism  displayed  by  the  State  of  Mis- 
sissippi, that  it  be  remembered  she  was  the  first  of  the  sis- 
terhood of  Southern  States  to  recognize  the  Sovereignty 
and  Independence  of  the  State  of  South  Carolina,  and  the 
first  to  rush  to  her  aid  in  her  perilous  struggle  for  the  pres- 
ervation and  maintenance  of  the  inestimable  rights  of  the 
whole  South. 

With  high  consideration, 

I  have  the  honor  to  be 

Your  obedient  servant, 

ARMISTEAD  BURT. 


Mr.  W.  P.  Shingler  offered  the  following  resolution, 
which  was  ordered  for  consideration  to-morrow  : 

Resolved,  That  it  is  the  sense  of  this  Convention,  that  all 
supplies  of  provisions  and  mail  facilities,  now  allowed 
Major  Anderson  and  the  garrison  at  Fort  Sumter,  should 
be  immediately  cut  off. 

Mr.  A.  H.  Brown  offered  the  following  resolution,  which 
was  ordered  for  consideration  to-morrow,  and  to  be  printed : 

Resolved,  That  the  People  of  South  Carolina,  in  Conven- 
tion assembled,  cordially  approve  the  election  of  Jefferson 
Davis  to  the  Presidency,  and  Alexander  II.  Stephens  to  the 
Vice  Presidency,  of  the  Provisional  Government  of  the 
Confederate  States  of  America ;  and  have  entire  confidence 


200  Journal  of  the 

in  their  experience,  patriotism  and  ability  to  shape  and 
guide  the  destinies  of  the  new  Republic. 

Mr.  Mazjck  offered  the  following  resolution,  which  was 
ordered  for  consideration  to-morrow: 

/,'■  wived,  That  after  printed  copies  of  the  Articles  agreed 
upon  by  th'e  Convention  al  Montgomery  as  the  Constitution 
of  the  Confederate  States  of  America,  shall  have  been  fur- 
nished to  the  members  of  this  Convention,  any  amendments 
which  may  he  offered  shall  he  considered  in  the  order  in 
Which  they  are  proposed. 

Mr.  Simons  offered  the  following  Ordinance,  which  was 
referred  to  the  Committee  on  the  Constitution  of  the  State: 

An  Ordinance  declaratory  of  the  true  construction  of  an 
Ordinance  entitled  "An  Ordinance  concerning  citizenship." 

Whereas,  doubts  have  arisen  whether,  under  the  terms 
of  the  "  Ordinance  concerning  Citizenship,"  passed  on  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-one,  are  included  those  persons 
who  were,  at  the  date  of  the  Ordinance  of  Secession,  citi- 
zens of  the  State  of  South  Carolina,  but  residing  without 
the  limits  of  the  said  State  ; 

Now,  therefore,  we,  the  1'eople  of  the  State  of  South 
Carolina,  in  Convention  assembled,  do  dcelare  and  ordain, 
and  it  is  herehy  declared  and  ordained,  that  all  persons 
who  were  citizens  of  the  State  of  South  Carolina,  at  the 
date  of  the  Ordinance  of  Secession,  to  wit:  on  the  twentieth 
day  of  Decemher,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty,  though  not  resident  therein,  are 
herehy  declared  to  he,  and  to  continue,  citizens  of  the  said 
State,  until  they  shall  have  renounced  their  allegiance 
thereto. 

Mr.  Manigault  offered  the  following  resolution,  which 
was  ordered  lor  consideration  to-morrow7: 

/,'<  soloed,    That   the    Constitution  of  the  United  States, 


Convention  of  1861.  201 

adopted  in  1789,  be  printed  in  parallel  columns  with  the 
Constitution  adopted  by  the  Congress  at  Montgomery. 

On  motion  of  Mr.  Adams,  the  resolution  to  print  the 
Constitution  of  the  Confederate  States  of  America  was 
re-considered  ;  and 

Mr.  Adams  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to : 

Resolved,  That  the  Constitution  of  the  United  States, 
adopted  in  1789,  be  printed  in  parallel  columns  with  the 
Constitution  adopted  by  the  Congress  at  Montgomery. 

Mr.  Magrath  offered  the  following  resolutions,  which 
were  seconded  by  Mr.  Dunkin  and  unanimously  agreed  to : 

Resolved,  That  this  Convention  receives,  with  deep  regret, 
the  intelligence  of  the  death  of  Henry  W.  Conner,  late  one 
of  its  members. 

Resolved}  That  in  the  enlightened  enterprise  and  patriotic 
devotion  of  Henry  W.  Conner,  the  State  of  South  Carolina 
has  recognized  the  qualities  which  have  contributed  to 
advance  her  material  prosperity,  and  sustain  her  political 
independence. 

Resolved,  That  the  Secretary  of  this  Convention  commu- 
nicate these  resolutions  to  the  family  of  the  deeeased. 

Mr.  I.  D.  Wilson  offered  the  following  resolutions,  which 
were  unanimously  agreed  to  : 

Resolved,  That  this  Convention  have  heard,  with  deep 
sensibility,  of  the  death  of  Julius  A.  Dargan,  a  member  of 
this  Convention. 

Resolved,  That  we  unite  in  sympathy  with  the  family,  to 
whom  a  copy  of  these  resolutions  be  sent. 

On  motion  of  Mr.  Withers,  and  as  a  further  mark  of 
respect  to  the  memory  of  the  deceased,  the  Convention  was 
adjourned,  to  meet  to-morrow,  at  twelve  o'clock,  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


JOUBNAL    OF    THE 


WEDNESDAY,   MARCH  27,1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
■  lent  tool:  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  Rev.  J.  C.  Furman. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 


Messrs.  Adams, 
Allis«»n, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Boh.,.' 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Calhoun, 
Caldwell, 
( lampbell, 
( larn, 
Carlisle, 
Carroll. 
( laugh  man, 
( lauthen, 

Char,  is 

CheSnu  . 
Cheve  ■ 

Clark.' 

Crawford, 

Darby 

Dava 

I  );i\'K 

DeS       sure, 


De  Treville, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

Dunovant,  11.  G.  M. 

Du  Pre,      | 

English, 

Evans, 

Fair, 

Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  Maxcy 

Gregg,  William 

( Jrisham, 

Hammond, 

llanckel, 

Harllee, 

Harrison, 

II  ay  ne, 

Henderson, 

Honour, 

Hopkins, 


Convention  of  1861. 


203 


Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jeft'eries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Ivilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

Mc:I\*er, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Manning, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 
Moore, 

Moorman, 

Noble, 

Nowell, 

O'llear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Pressley, 

Quattlebaum, 


Rain  e j, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowel  I, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Stringier,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smylv, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springe, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Ward  law,  F.  H. 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  Journal  of  yesterday's  proceedings  was  read. 


204 


Journal  of  tiie 


Mr.  Rhett  read  to  the  Convention  a  resolution  adopted 
by  the  Congress  of  the  Confederate  states,  at  Montgomery; 
and 

Mr.  Rhett  offered  die  following  resolution : 

/,'  ./,-,,/,  That  when  the  Constitution  of  the  Confederate 
States  is  taken  up  for  consideration,  it  shall  be  considered 
in  secret  aession;  and  the  President  of  the  Convention  is 
hereby  authorized  and  required  to  employ  two  competent 
stenographers  to  report  the  debates  and  proceedings  which 
shall  take  place  on  said  Constitution. 

Pending  the  discussion  thereof  by  Mr.  Maxcy  Gregg, 
Mr.  E.  M.  Seabrook  rose  to  a  question  of  order. 

The  President  decided  the  discussion  in  order. 

Whereupon,  Mr.  Barnwell  appealed  from  the/ decision  of 
the  President;  and,  the  question  being  put,  will  the  Con- 
vention sustain  the  decision  of  the  Chair?  it  passed  in 
the  negative: 

Yeas,  39;  nays,  119. 

The  yeas  and  nays  were  demanded  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are : 

Hon.  D.  F.  Jamison,  Pte&idmt;  and 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
BonneaU) 

Ural  ilia  in, 

Brown,  C.  P. 
Burnet, 

( "allioun, 

(  'aldwell, 

Clarke. 

Darky, 

Evans, 

Flud, 

( Jregffj  Maxcy 

I  [enderson, 
Jenkins,  John 
Jenkins,  J.  E. 
Kershaw, 


Kinsler, 

McLeod, 

Manigault, 

Mazyck, 

Middleton,  J.  Izard 

Middleton,  \V. 

Moore, 

Now  ell, 

O'llear, 

I  kiit  ledge, 

Scott, 

Shingler,  J.  M. 

Simons, 

Smith, 

Snowden, 

Spratt, 

Wagnerj 

Wardlaw,  F.  II. 

Williams, 


Convention  of  1861. 


205 


Those  who  voted  in  the  nesrative  are: 


Messrs.  Aver, 

Barnwell, 

Barron, 

Barton, 

Beaty, 

Bethea, 

Bobo, 

Brown,  A.  H. 

Cain, 

Campbell, 

Cam, 

Carlisle, 

( 'arroll, 

( 'aughman, 

Cant  lien, 

Charles, 

Chesnut, 

Chevcs, 

Crawford, 

Davant, 

Davis, 

De  Saussnre, 

De  Treville, 

Duncan, 

Dnnkin, 

Dunovant,  A.  Q. 

Dunovant,  R.  G.  M. 

l)u  Pre, 

Easley, 

Ellis, 

English, 

Fair, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N". 


Gourdin,  T.  L. 

Green, 

Gregg,  William 

( rrisham, 

Hammond, 

Hanckel, 

11  a  rl  lee, 

Harrison, 

Hayne, 

Honour. 

Hopkins, 

11  unter, 

Hut80D, 

Inglis, 
Ingram, 

Jackson, 

J  ethanes. 

Johnson, 

Keitt, 

Kilgore, 

Kinard, 

Landrum, 

Lewis, 

Logan. 

Lyles, 

MrCrady, 

Mclver, 

McKee, 

Magrath, 

Manning, 

Maxwell, 

Mayes. 

Means. 

Miles, 

Moorman, 

Noble, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Pressley, 


20G 


Journal  op  the 


Quattlebaum, 

1  i ;  i  i !  i «  \ . 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Seabrook,  E.  M. 

Sessions, 

Shingler,  W.  P. 

Simpson, 

Smyly, 

Spain, 
Springs, 

Stokes, 


Sim-;. 

Thompson,  R.  A. 
Thomson,  Thomas 

Timmons. 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  1).  L. 

Watts, 

Wier, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods. 
Young. 


Mr.  John  Izard  Middleton,  offered  the  following  amend- 
ment, which,  on  motion  of  Mr.  Reed,  was  ordered  to  lie 
on  the  table : 

lusolnd.  That  our  Delegates  to  Montgomery  be  heard 
in  secret  session  in  relation  to  the  discussions  on  the  subject 
of  the  Constitution  for  the  Confederate  States  of  America. 


On  motion  of  Mr.  Fair,  the  resolution  was  amended  by 
striking  out  the  words:  "and  the  President  of  the  Con- 
vention is  hereby  authorized  and  required  to  employ  two 
competent  stenographers  to  report  the  debate's  and  proceed- 
ings which  shall  take  place  on  said  Constitution." 

The  question  being  put,  will  the  Convention  agree  to  the 
resolution?  it  passed  in  the  affirmative: 

Yeas,  129;  nays,  29. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 

lion.  D.  F.  Jamison,  President;  and 
Messrs.  Allison,  Barnwell, 

Atkinson,  Barron, 

Aver,  Barton, 


Convention  of  1860. 


207 


Beaty, 

Bethea, 

Bellinger, 

Bobo, 

Brabham, 

Brown,  A.  H. 

Cain, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carlisle, 

Carrol], 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

Cheves, 

Clarke, 

Crawford, 

Davis, 

De  Saussure, 

De  Treville, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

Dunovant,  E.  G.  M. 

Du  Pre, 

Easley, 

Ellis, 

English, 

Fair, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  JT. 

Gourdin,  T.  L. 

Green, 


Gregg,  William 

Grisham, 

Hammond, 

Hanckel, 

Harllee, 

Harrison, 

Hayne, 

Honour, 

Hopkins, 

Hunter, 

Inglis, 

Ingram, 

Jackson, 

Jefteries, 

Johnson, 

Keitt, 

Kilgore, 

Kinard, 

Landrum, 

Lewis, 

Logan, 

Lyles, 

McCrady, 

McKee, 

McLeod, 

Magrath, 

Manning, 

Maxwell, 

Mayes, 

Means, 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porch  er, 

Quattlebaum, 

Rainey, 

Reed, 


-  - 


J01  KNAL    OF    THE 


Rhett, 

Thompson,  K.  A. 

Rhodes* 

Thomson,  Thomas 

Richardson,  J.  P. 

Timmons, 

\l>  fbinaon, 

Tompkins, 

Etowell, 

Townsend, 

Scott, 

Wannamaker, 

Seabrook,  E.  M. 

Wardlaw,  D.  L. 

Sessions, 

Watts, 

Shingler,  J.  M. 

Wier, 

Shingler,  W.  P. 

Whitner, 

Simpson, 

Wilson,  i.  d. 

Smvly, 

Wilson,  .1.  11. 

Snowden, 

Wilson,  W.B. 

Springs, 

Withers, 

Stokes, 

Woods, 

Sims, 

Young. 

Those  who  voted  in  the  negative  are 


Messrs.  Adams, 
Bonneau^ 
Bn.wn,  C.  P. 
Burnet, 
Darby, 
Davant, 
Evans, 
Gist, 

Gregg.  Maxcy 
Henderson, 
EEutson, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinsler, 
Mclver, 


Manigault, 

Mazyck, 

Middleton,  J.  Izard 

Middleton,  W. 

Pressley, 

Richardson,  F.  D. 

Rutledge, 

Simons. 

Smith, 

Spain, 

Bpratt, 

Wagner, 

Wardlaw,  P.  H, 

Williams. 


So  the  resolution  was  agreed  to. 

Mr.  James  Conner,  Delegate  from  St.  Philip's  and  St. 
Miehael's,  cleeted  to  fill  the  vacancy  occasioned  by  the 
death  of  Mr.  II.  W.  Conner,  appeared  at  the  Clerk's  desk, 
produced  his  credentials,  signed  the  roll,  and  took  his' seat. 

The  President  laid  before  the  Convention  the  following 
communications,  which  were  severally  ordered  to  be  entered 
on  the  Journal : 


Convention  of  1861.  209 

Charleston,  March  27,  1861. 
To  the  Hon.  D.  F.  Jamison, 

President  of  the  Convention  of  S.  C.  : 
Dear  Sir  :  Having  been  honored,  on  the  1st  January 
last,  with  an  appointment  to  present  to  the  people  of  Flor- 
ida, in  Convention  assembled,  a  copy  of  the  Ordinance  of 
Secession,  and  of  a  plan  for  a  Provisional  Government, 
adopted  by  this  Convention,  I  have  the  honor  to  report  : 

That  I  started  at  once  upon  my  mission,  and  arriving  at 
Tallahassee,  Florida,  where  the  Convention  was  then  in 
session,  and  exhibiting  my  credentials,  I  was  invited  to  ap- 
pear before  the  Convention,  and  deliver  my  communications. 
This  invitation  was  complied  with,  as  soon  as  I  was  advised 
of  the  readiness  to  receive  me,  and  I  have  the  pleasure  to 
report  that  I  was  heard  with  respect.  That  soon  thereafter, 
the  Convention  adopted  an  Ordinance  of  Secession,  and 
concurred  with  this  Convention  in  the  plan  for  a  Provisional 
Government  proposed.  Official  copies  of  these  Acts  were 
furnished  me,  under  the  order  of  the  Convention,  and 
returning  to  Charleston,  I  placed  the  same  in  the  hands  of 
the  Honorable  Secretaiy  of  State  for  South  Carolina. 
With  great  respect,  I  am, 

Your  obedient  servant, 

L.  W.  SPRATT. 

Charleston,  March  27,  1861. 
Hon.  D.  F.  Jamison, 

President  of  the  Convention 

of  the  People  of  South  Carolina : 
Sir  :  I  have  the  honor  to  report,  that  in  obedience  to  the 
expressed  wish  of  the  Convention,  I  was  in  attendance  on 
the  Convention  of  the  people  of  Arkansas,  which  assembled 
at  Little  Rock,  on  the  4th  inst. 

I  communicated  to  that  body  the  papers  entrusted  to  my 
charge,  and  regret  to  state,  that  I  have  not  received  any 
official  response. 

Respectfully, 

A.  C.  SPAIN. 
14 


210  Journal  of  tiie 

Ajtobrbon,  7th  February,  1861. 
Bon.  D.  F.  Jamisoh  : 

Sir:  As  Commissioner  from  this  State  to  the  Georgia 
Convention,  I  have  the  honor  to  report,  that  I  proceeded 
to  Milledgeville,  and,  upon  its  organization,  I  addressed 
the  enclosed  communicatioD  to  the  Convention. 

I  was  invited  to  address  the  Convention  in  explanation 
of  the  objects  and  purposes  of  my  mission,  and  I  accepted 
the  invitation. 

The  final  action  of  the  body  has  already  been  communi- 
cated to  the  public. 

The  decisive  and  unanimous  voice  of  the  great  State  of 
Georgia  in  asserting  her  independence  of  federal  wrong 
and  oppression,  settles  the  question  of  the  complete  success 
of  the  secession  movement  of  the  Cotton  States  at  least. 
I  have  the  honor  to  be, 

Very  respectfully,  your  ob't  serv't, 

JAMES  L.  ORR. 

Charleston,  March  27,  1861. 
To  the  Hon.  L>.  F.  Jamison, 

President  of  the  Convention  of  South  Carolina  : 
Sir  :  In  conformity  with  instructions  from  the  body  over 
which  you  preside,  I  proceeded,  at  a  proper  time,  to  the 
seat  of  government  of  Louisiana,  and  formally  laid  before 
the  Convention  of  that  State  the  Ordinance  of  Secession  of 
South  Carolina,  and,  moreover  to  ask  its  co-operation  in 
the  formation  of  a  Southern  Union  of  Confederate  States. 
The  action  of  that  distinguished  body  is  already  a  part 
of  the  history  of  a  great  revolution,  and  cannot  fail  to  be  a 
cause  of  satisfaction  to  this  body,  and  to  the  people  of  this 
State. 

I  cannot  forbear  sir,  to  express  my  sense  of  the  cordial, 
prompt  and  decided   response  which  was  given  to  the  mes- 
sage from  this  State,  and  the  personal  courtesy  which  was 
extended  to  me  as  the  bearer  of  it. 
I  have  the  honor  to  be, 

With  high  respect, 

Your  ob't  serv't, 

JOHN  L.  MANNING. 


Convention  of  1861.  211 

The  President  laid  before  the  Convention  the  following 
communication  : 

Chakleston,  S.  C,  March  26,  1861. 
Hon.  D.  F.  Jamison, 

President  of  the  Convention  of  South  Carolina  : 
Sir  :  Should  it  be  the  desire  of  the  members  of  the  Con- 
vention to  visit  the  fortifications  erected  for  the  defence  of 
the  harbor  of  Charleston,  it  will  afford  me  great  pleasure 
to  accompany  them  on  such  a  visit,  at  any  time  they  may 
designate  as  most  convenient  to  themselves. 
I  am.  Sir,  with  much  respect, 

Your  obedient  serv't, 

G.  T.  BEAUREGARD, 
Brigadier-  General  Commanding. 

On  motion  of  Mr.  Adams,  the  invitation  was  accepted, 
and  Saturday  next  designated  as  the  day  for  visiting  the  for- 
tifications. 

Mr.  Rhett  introduced  the  following  Ordinance,  which,  on 
motion  of  Mr.  Rhett,  was  ordered  to  lie  on  the  table,  and 
to  be  printed  : 

AN  ORDINANCE 

Ordering  a  Convention  of  the  People  of  the  State  of 
South  Carolina  on  a  certain  contingency. 

Whereas,  experience  has  proved  that  the  slaveholding 
and  non-slaveholdiug  States  cannot  live  in  peace  under  the 
same  government, 
We,  the  People  of  the  State  of  South  Carolina,  in  Convention 

assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 

ordained, 

That,  should  any  State  hereafter  be  admitted  into  the 
confederacy  of  the  Confederate  States,  which,  by  its  Con- 
stitution, does  not  tolerate  slavery  within  its  limits,  and 
provide  for  its  protection  by  suitable  legislation,  the  Gov- 
ernor of  the  State  of  South  Carolina  is  hereby  ordered, 
forthwith,  to  summon,  by  proclamation,  the  people  of  the 


212  Journal  of  the 

State  of  South  Carolina  to  assemble  in  Convention  ;  and 
he  shall  issue  writs  of  election,  determining  the  time  and 
place  of  holding  the  same  and  the  time  and  place  of  the 
assembling  of  the  said  Convention,  conforming,  as  tar  as 
they  are  applicable,  to  the  provisions  of  the  Act  of  the 
Legislature  whereby  this  Convention  was  called. 

Mr.  John  I/.ard  Middleton  introduced 
An  Ordinance  t<>  ratify  the  Provisional  Constitution  and 
Government  of  the  Confederate  States  of  America;  which 

was  ordered  to  he  placed  on  the  Calendar  of  the  secret  ses- 
sions, and  to  be  printed. 

Mr.  Masyck  presented  the  report  of  the  Committee 
appointed  to  enquire  how  much  of  the  legislation  of  Con- 
gress is  abrogated  by  the  secession  of  the  State  ;  which  was 
ordered  for  consideration  to-morrow,  and  to  he  printed. 

Mr.  Glover  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

h'i.<n/r,</.  That  the  Committee  on  the  Constitution  en- 
quire ami  report,  if  any  of  the  Ordinances  adopted  by  this 

Convention  should  he  repealed  or  modified  ;  and  that  said 
Committee  do  also  enquire  and  report,  if  any  further  alter- 
ations of  the  Constitution  of  this  State  he  necessary  and 
proper. 

Mr.  Inglis  introduced 

An  Ordinance  to  ratify  the  Permanent  Constitution  for 
the  Confederate  States  of  America,  and  suggesting  amend- 
ments thereto;  which  was  ordered  to  he  placed  in  the  Cal- 
endar of  the  secret  sessions,  and  to  he  printed. 

Mr.  llutson  introduced 

An  Ordinance  to  provide  for  the  appointment  of  Electors 
of  President  and  Vice  President  of  the  Confederate  States 
of  America  ;  which  was  ordered  to  lie  on  the  table. 

Mr.  llutson  introduced 

An  Ordinance  further  to  amend  the  Fourth  Section  of 
the  First  Article  of  the  Constitution  of  this  State  ; 


Convention  of  1861.  213 

An  Ordinance  to  repeal  sundry  Ordinances  done  by  the 
People  of  South  Carolina  in  Convention  ; 

An  Ordinance  to  amend  the  Ninth  Article  of  the  Consti- 
tution of  the  State  of  South  Carolina ;  and 

An  Ordinance  to  amend  an  Ordinance,  entitled  "An  Or- 
dinance to  alter  the  Constitution  of  the  State  of  South 
Carolina,"  by  .striking  out  certain  words  in  sundry  places; 
which  were  severally  referred  to  the  Committee  on  the 
Constitution  of  the  State. 

The  President  stated  that  lie  had  been  requested  by  the 
Chairman  of  the  Managing  Committee  of  the  Charleston 
Club,  to  extend  the  hospitalities  of  that  Club  to  the  mem- 
bers of  Convention  during  the  present  session. 

On  motion  of  Mr.  D.  L.  Wardlaw,  it  was  ordered  that 
when  this  Convention  adjourns,  it  shall  be  adjourned  to 
meet  to-morrow,  at  twelve  o'clock,  m. 

On  motion,  the  Convention  was  adjourned  at  five  min- 
utes past  three  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


THURSDAY,  MARCH  28,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  H.  Honour. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 

Messrs.  Adams,  Barton, 

Allison,  Beaty, 

Appleby,  Bethea, 

Atkinson,  Bellinger, 

Ayer,  Bobo, 

Barnwell,  Bonneau, 

Barron,  Brabham, 


214 


Journal  of  the 


Brown,  A.  II. 

Brown,  C.  P. 

Burnet, 

Cain. 

Calhoun, 

Caldwell, 

( Sampbell, 

(  'am. 

Carlisle, 

Carroll, 

Caughman, 

Cautnen, 

Charles, 

Chesnut, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Darby, 

Davant, 

Davis, 

l>e  Saussure, 

De  Treville. 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

DuDovant,  R.  G.  M. 

Du  Pre, 

Easley, 

Ellis, 

Euglish, 

Evans, 

Fair, 

Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Cist, 

Glover, 

Goodwin, 

Gourdin,  R.  K 


Gourdin,  T.  L. 
<  ;  r<  * ■ t i , 

Gregg,  Maxcv 
( rregg,  William 
( Irisnam, 
I  [ammond, 

I  [anckel, 
Harllee, 
Harrison, 

I I  ii  \  lii'. 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

J  cileries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

Lyles, 

M  elver, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Middleton,  W. 

Miles, 


Convention  of  1861. 


215 


Moore, 

Smyly, 

Moorman, 

Smith, 

Noble, 

Snowden, 

Nbwell, 

Spain, 

O'Hear, 

Spratt, 

Orr, 

Springs, 

Palmer, 

Stokes, 

Parker, 

Sims, 

Perrin, 

Thompson,  R.  A. 

Pope, 

•Thomson,  Thomas 

Porch  or, 

Timmons, 

Pressl  ey, 

Tompkins, 

Q.uattlebaum, 

Wagner, 

Rainey, 

Wannamaker, 

Reed, 

Wardlaw,  D.  L. 

Rhett, 

Wardlaw,  F.  II. 

Rhodes, 

Watts, 

Richardson,  J.  P. 

Wier, 

Robinson, 

Whitner, 

Rowell, 

Williams, 

Rutledge, 

Wilson,  I.  D. 

Scott, 

Wilson,  J.  H. 

Sessions, 

Wilson,  W.  B. 

Shingler,  J.  M. 

Withers, 

Shingler,  W.  P. 

Woods, 

Simpson, 

Young. 

The  Journal  of  yesterday's  proceedings  was  read. 

Mr.  Thomas  Smith,  Delegate  elected  from  Darlington 
district,  to  till  the  vacancy  occasioned  by  the  death  of  Mr. 
Julius  A.  Dargan,  appeared  at  the  clerk's  desk,  produced 
his  credentials,  signed  the  roll,  and  took  his  seat. 

Mr.  Rhett  introduced  the  following  Ordinance,  which 
was  referred  to  the  Committee  on  Relations  with  the  slave- 
holding  States  of  North  America,  and  was  ordered  to  be 
printed: 

An  Ordinance  ceding  the  possession  of  the  Forts,  Arsenals 

and  Marine  Hospitals  to  the  Confederate  States. 

Whereas,  the   Congress  of  the    Confederate  States   has 

recommended  to  the  respective  States  to  cede  the  Forts, 

Arsenals,  Navy  Yards,  Dock  Yards,  and  other  public  estab- 


216  Jourval  oi  Tin: 

Lishments  within  their  respective  Limits,  to  the  Confederate 

Stat.  - : 

W  .  tin  People  of  th*  state  of  South  C"r<>ln<<i,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  ''/»/ 

ordained,  That  the  absolute  and  exclusive  possession  and 
control  <>('  all  the  Forts,  Arsenals,  or  Marine  Hospitals,  in 
this  State,  lately  occupied  by  the  Government  of  the  United 
States,  he,  and  the  same  are  hereby  ceded  to  the  Confede- 
rate states  of  America,  under  this  following-  condition, 
however,  That  should,  at  any  time  hereafter,  two-thirds  of 
both  branches  of  the  Legislature  of  this  State,  or  the  people 
of  this  State  assembled  in  Convention,  require  of  the  Pre- 
sident of  the  Confederate  States  that  the  said  Forts,  Arse- 
nals, or  Marine  Hospitals  shall  be  surrendered  up  and 
restored  to  the  possession  of  this  State,  the  said  request 
shall  be  promptly  complied  with. 

A  communication  was  received  from  his  Excellency  the 
Governor,  and  was  read  by  his  private  Secretary,  Mr. 
Shackleford. 

On  motion  of  Mr.  Hardee,  the  communication  was  made 
the  special  order  of  the  day  for  to-morrow,  at  one  o'clock, 
p.  M.,  and  was  ordered  to  be  printed;  and  the  accompany- 
ing documents  were  ordered  to  lie  on  the  table. 

GENERAL  ORDERS. 


The  Report  of  the  Committee  on  Printing,  on  a  resolu- 
tion to  have  the  Ordinance  of  Secession  photographed,  was 
ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Quattlebaum,  the  general  orders  were 
suspended;  and 

Mr.  Quattlebaum  presented  the  report  of  the  Committee 
on  Printing,  recommending  that  Messrs.  Evans  &  Cogswell 
he  requested  to  furnish  two  hundred  lithographic  copies  of 
the  Ordinance  of  Secession  for  the  use  of  the  Convention; 
which  was  considered  immediately;  and  the  question  being 


Convention  of  1861, 


217 


put,  will  the  Convention  agree  to  the  report  ?  it  passed  in 
the  affirmative: 

Yeas,  99;  nays,  63. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative  art  : 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.    Allison, 
Appleby, 
Atkinson, 
Barnwell, 
Be  the  a, 
Bobo, 
Bonneau, 
Brown,  A.  H. 
Burnet, 
( lain, 
Calhoun, 
Caldwell, 
( 'ampbell, 
Cam, 
Carlisle, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Cheves, 
Crawford, 
Darby, 
J  )avant, 
Davis, 

De  Saussnre, 
De  Treville, 
Duncan, 
Dunkin, 
Du  Pre, 
Ellis, 
English, 
Find, 
Forster, 
Frampton, 
Furman, 
Geiger, 
Gist, 
Gourdin,  R.  N. 


Greg< 


Maxcy 

William 


ikins.  J,  K. 


p- 

Gregg, 

Hammond, 

Hanckel, 

J I  aril  ee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hutson, 

Inglis, 

Ingram, 

Jackson. 

Jenkins. 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lyles, 

McKee, 

McLeod, 

Magrath. 

Manigault, 

Manning, 

Mazyck, 

Means. 

Miles, 

Moore, 

Moorman, 

Noble, 

O'Hear. 

Palmer, 

Parker, 

Pope, 

Porcher, 

Press  lev, 

Quattlebaum, 

Rainey, 


218 


JOI  RNAL    OF    llii: 


Rhett, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Rowell, 
Rutledge, 
Scott,  ' 
Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  M. 

Sinyly, 

Those  who  voted  in  the  negative 

Messrs.  Adams, 
Aver, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Brabham, 
Brown,  0.  P. 
( Jhesnnt, 
Clarke, 
Conner, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
Easley, 
Evans, 
Fair, 
Foster, 
Gadberry, 
Garlington, 
Glover. 
Goodwin, 
Gourdin,  T.  L. 
( J  reen, 
Grisham, 
Hopkins, 
Hunter, 
Jefferies, 
Jenkins,  Jolin 
Johnson, 
Keitt, 
Kershaw, 
Lewis, 


Smith,  J.  J.  P. 
Smith,  Thomas, 
Snowden, 
Spratt, 

Stokes, 

Sims, 

Tompkins, 

Townsend, 

Wardlaw,  F.  II. 

Whitner, 

Wilson,  J.  II. 

are  : 

Lopm, 

McCrady, 

Mclver, 

Mauldin, 

Maxwell, 

Mayes, 

Middleton,  J.  Izard 

Niiddleton,  W. 

No  well, 

Orr, 

I'errin, 

Reed, 

Robinson, 

Shingler,  W.  P. 

Simpson, 

Spain, 

Springs, 

Thompson, "R.  A. 

Thomson,  Thomas 

Timmons, 

Wagner, 

Wannamaker, 

Wardlaw,  1).  L. 

Watts, 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


Convention  of  1861.  219 

Mr.  Quattlebaum  offered  the  following  resolutions: 

Resolved,  That  Gen.  P.  G.  T.  Beauregard,  now  command- 
ing the  military  forces  in  the  vicinity  of  Charleston,  by 
order  of  the  Provisional  Government  of  the  Confederate 
States  of  America,  and  with  the  approval  of  the  Executive 
authority  of  South  Carolina,  be  allowed  the  privileges  of  a 
seat  on  the  floor  of  the  Convention,  whenever  it  may  suit 
his  convenience  to  be  present  at  any  other  than  the  secret 
sessions  thereof. 

Resolved,  That  a  Committee  of  three  be  appointed  to 
make  known  to  Gen.  Beauregard  the  purport  of  the  fore- 
going resolution. 

Mr.  Adams  offered  the  following  amendment,  which  was 
agreed  to : 

Resolved,  That  the  President  of  the  Convention  extend 
to  Gen.  Beauregard  the  privilege  of  a  seat  on  the  floor  of 
the  Convention. 

Mr.  Manigault  offered  the  following  resolutions,  which 
were  ordered  for  consideration  in  secret  session,  and  to  be 
printed: 

1.  Resblved,  That  in  the  Constitution  adopted  by  the 
Congress  of  the  Confederate  States,  at  Montgomery,  many, 
but.  not  all,  of  the  material  defects  of  the  Constitution  of 
1787,  pointed  out  by  the  experience  of  seventy  years,  have 
been  amended  or  removed. 

2.  Resolved,  That  before  this  Convention  ratifies  the  Con- 
stitution adopted  at  Montgomery,  we  feel  bound  to  express 
our  conviction  that  it  is  imperfect  and  objectionable,  and 
ought  to  be  amended  on  the  following  points: 

1st.  In  leaving  open  the  door  to  the  admission  of  non- 
slaveholding  States  into  this  Confederacy. 

2d.  In  adopting  the  basis  of  only  three-fifths  of  the  slaves 
in  calculating  federal  population. 


220 


Journal  of  the 


3d.  In  granting  to  the  Government  of  the  Confederacy 
an  unlimited  power  of*  indirect  taxation. 

4th.  In  making  the  prohibition  to  import  Africans  a 
constitutional  principle,  and  not  merely  giving  t<>  the  Con- 
federate Government  the  power  to  prohibit  it  as  a  matter 
of  expediency,  and  in  not  patting  the  Coolie  trade  on  the 
same  footing. 

5th.  In  continuing  the  Post-office  monopoly  in  the  hands 
of  the  Confederate  Government. 


Mr.    1 1  ut  son    proposed  to  introduce  certain   resolutions; 
Mr.  Dunkin  objected;  and  the  question  being  put,  will  the 
Convention  now  receive  this?  it  passed  in  the  negative: 
Teas,  60;  nays,  94. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 

Eon.  ~D.  F,  Jamison,  "President;  and 


Messrs.  Adams. 
Aver, 
Bellinger, 
I V  raneau, 
Brown,  C.  P. 
Burnet, 
Cain, 
Calhoun, 

Caldwell, 

Campbell, 

Carn, 

Carroll, 

Chesnut, 

Clarke, 

Jenkins,  John 

Keitt, 

Kershaw, 

Kinsler, 

Mclver, 

McLeod, 

Magrath, 

Manigault, 

Mazyck, 

Middleton.  J.  Izard 


Middleton,  W. 
Moorman, 
Noble, 
Nowell, 

O'Hear, 

Palmer, 

I  >arby, 

Davant, 

I  >e  Saussure, 

Evans, 

Find, 

Forster, 

Frampton, 

Furman, 

Gist, 

Glover, 

Gourdin,  R.  N. 

( l  regg,  Maxcy 

1  Ienderson, 

Inglis, 

Pressley, 

Rhett, 

Richardson,  F.  D. 

Rutledge, 


Convention  of  1861. 


221 


Scott, 

Seabrook,  E.  M. 
Shingler,  J.  M. 
Simons, 
Smith,  J.  J.  P. 
Snowden, 


Spain, 
Spratt, 
Stokes, 
Wagner, 
Wilson,  J.  H. 


Those  who  voted  in  the  negative  are 


Messrs.  Allison, 
Atkinson, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
Brown,  A.  II. 
Carlisle, 
Caughman, 
Cauthen, 
Charles, 
Chews, 
Conner, 
Crawford, 
Davis, 
De  Treville, 
Duncan, 
Dun  kin, 

Dunovant,  A.  Q. 
Du  Pre, 
Ellis, 
English, 
Fair, 
Foster, 
Garlington, 
Geiger, 
Goodwin, 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
Grisham, 
Hammond, 
Hanckel, 


E. 


Harrison, 

Hayne, 

Honour, 

Hopkins, 

Hunter, 

Ingram, 

J  cileries, 

Jenkins,  J 

Johnson, 

Kilgore, 

Kinard, 

Landrum, 

Lewis, 

Logan, 

Lvles, 

McCrady, 

McKee, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Means, 

Miles, 

Moore, 

Orr, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed, 

Rhodes, 

Robinson, 

Rowell, 

Sessions, 


•_'_!  J  JOIKN  IL    <>F    THE 

Stingier,  W.  I\  Wardlaw,  D.  L. 

Simpson,  W"ardlaw,  P.  H. 

Smyly.  Watts, 

Smith,  Thomas  Wier, 

Springs,  Whitner, 

si  ins,  Williams, 

Thompson,  R.  A.  Wilson,  I.  D. 

Timmons,  Wilson,  W.  B. 

Tompkins,  Withers* 

Townsend,  Woods, 

Wannamaker,  Young. 

So  the  resolutions  were  not  received. 
Mr.  Pope   ottered  the   following   resolution,  which  was 
ordered  for  consideration  to-morrow: 

Resolved,  That  all  amendments  in  the  shape  of  resolu- 
tions or  Ordinances,  to  be  proposed  to  the  Constitution 
submitted  to  this  Convention  for  the  Confederate  States, 
be  offered  in  secret  session  only. 

On  motion  of  Mr.  Cam,  it  was 

Ordered,  That  when  this  Convention  adjourns,  it  shall  be 
adjourned  to  meet  to-morrow,  at  twelve  o'clock,  Si. 

Mr.  D.  L.  Wardlaw  offered  the  following  resolution, 
which  was  made  the  special  order  of  the  day  for  to-morrow, 
at  twelve  o'clock,  M. 

Resolved,  That  a  motion  to  sit  with  closed  doors  be  a 
privileged  motion,  which  may  be  made  whenever  a  motion 
to  take  a  recess  might  be. 

Mr.  F.  II.  Wardlaw  proposed  to  introduce  certain  reso- 
lutions; Mr.  John  Izard  Middleton  objected;  and  the 
question  being  put,  will  the  Convention  now  receive  this? 
it  passed  in  the  negative: 

Yeas,  1  ;  nays,  144. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Mr.  F.  II.  Wardlaw  voted  in  the  affirmative;  and  those 
who  voted  in  the  negative  are: 


Convention  of  1861. 


223 


Hon.  ~D.  F.  Jamison, 

Messrs.  Adams, 
Allison, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonncau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
( 'am, 
Carlisle, 
Carroll, 
Caughman, 
Cantlien, 
Charles, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Darby, 
Davantj 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
Du  Pre, 
Ellis. 
English, 
Evans, 
Find, 


President;  and 
Forster, 

Foster, 

Frampton, 

Furman, 

Gtodberry, 

Garlington, 

( teiger, 

Gist. 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gonrdin,  T.  L. 

Green, 

Gregg,  Maxcy 

Gregg.  William 

Grisham, 

Hammond, 

llanekel, 

Harrison, 

II  ay  ne, 

Henderson, 

Honour, 

Hopkins, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jeti'eries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Ivinsler, 

Landrnm, 

Logan, 

Lyles, 

McCrady, 

Mclver, 

McKee, 

MeLeod, 

Magrath, 


•224 


Journal  of  the 


Manigault, 
Manning, 

Manldin. 

Maxwell, 

Ma\ 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Middleton,  W". 

Moore, 

Moorman, 

Noble. 

Lowell, 
O'Hear, 
Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Pressley, 

Quattlebaum, 

Raincv. 

Reed, 

Rhodes, 

Robinson, 
Rowel  1, 
Rutledge, 
Scott, 


Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  M. 

Stingier,  W.  P. 

Simons, 

Simpson, 

Smyly, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims. 

Thompson,  R.  A. 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Woods. 


On  motion  of  Mr.  McCrady,  leave  of  absence  was  granted 
to  Mr.  Cant  hen  on  aeeonnt  of  sickness  in  his  family. 

On  motion  of  Mr.  Rhett,  the  Convention  was  adjourned 
at  three  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


Convention  or  1861. 


225 


FRIDAY,  MARCH  29,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  J.  Wannamaker. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Cam, 
Carlisle, 
Caughman, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Darby, 
Davant, 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 

Dunovaut,  A.  Q. 
Dunovaut,  R.  G.M. 

15 


Du  Pre, 

Easley, 

Ellis, 

English, 

Evans, 

Fair, 

Find, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 

Hammond, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 


226 


Journal  of  the 


Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J,  E. 

Johnson, 

Eeitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewi^. 

Logan, 

Lvles, 

M  elver, 

McKee, 

McLeod, 

Magrath, 

Manldin, 

Maxwell, 

Mayes, 

Means, 

Middleton,  .).  Izard 

Middleton,  \\r. 

Miles, 

Moore, 

Noble, 

Howell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Quattlebaum, 

Rainey, 


Ehett, 
Rhodes, 
Elobinson, 
Rowell, 

Rutledge, 

Scott.  ' 

Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smyly, 

Smith,  Thomas 

Smith,  J.  J.  P. 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Timmons, 

Tompkins, 

Wannamaker, 

Wan  11  aw,  D.  L. 

Wardlaw,  P.  II. 

Watts, 

Wier, 

Whitner, 

Williams, 

Wilson,  I.  D. 

Wilson,. I.  II. 

Wilson,  W.  B. 

Withers, 

Woods, 

Yonng. 


The  Journal  of  yesterday's  proceedings  was  read. 

The  President  announced  that  Mr.  James  Conner  is 
added  to  the  Committee  on  the  Constitution  of  the  State  ; 
and  that  Mr.  Thomas  Smith  is  added  to  the  Committee  on 
Commercial  Relations  and  Postal  Arrangements. 


Convention  of  1861.  227 

Mr.  John  Izard  Middle-ton  offered  the  following  resolu- 
tions : 

1.  Resolved,  That  the  true  policy  of  South  Carolina  con- 
sists in  the  establishment  of  free  trade,  and  her  people 
never  will  consent  to  yield  obedience  to  any  government 
that  violates  a  policy  so  essential  to  their  prosperity. 

2.  Resolved,  That  it  is  indispensable  to  the  success  of 
our  agriculture,  and  the  profitable  development  of  the 
mechanic  arts  amongst  as,  that  the  labor  markets  of  the 
world  should  be  open  to  us. 

3.  Resolved,  That  the  right  of  self-government  by  the 
people  of  this  State  was  acquired  through  the  Revolution 
of  1776,  and  ought  never  to  be  held  subject  to  the  limita- 
tions of  a  government  national  in  its  character,  whilst  it 
would  be  perfectly  safe  under  a  Federative  system. 

4.  Resolved,  That  all  attempts  to  mingle,  with  any  good 
result,  National  and  Federal  systems  have  proved  abortive, 
and  will  always  be  followed  by  unhappy  consequences,  and 
are,  therefore,  to  be  avoided. 

5.  Resolved,  That  a  slaveholding  community  that  allows 
itself  to  be  governed  or  controlled,  in  any  particular,  by  a 
non-slaveholding  community,  must  be  alike  blind  to  what 
is  essential  to  its  honor,  its  interests,  its  safety,  and  the 
happiness  of  its  people. 

6.  Resolved,  That  the  permanent  Constitution  of  the  Con- 
federate States  of  America,  agreed  upon  at  Montgomery, 
Alabama,  and  recommended  to  our  acceptance,  not  permit- 
ting to  us  the  establishment  of  the  policy  of  free  trade, 
taking  out  of  our  hands  (employed,  as  we  are,  in  the  culti- 
vation of  semi-tropical  products,)  the  control  of  our  supply 
of  labor,  by  a  positive  prohibition,  giving  us  no  efficient 
guaranty  of  the  right  and  power  of  self-government  at 
home,  mingling,  as  it  does,  the  Xational  and  Federative 
systems,  and  permitting  the  eventual  accession  of  Anti- 
Slavery  communities  to  our  Confederacy  by  the  absence  of 
a  constitutional  prohibition,  cannot  be  accepted  by  South 
Carolina,  unless  it  be  amended  in  all  of  the  particulars 
above  specified. 


228  Journal  of  the 

SPECIAL  ORDER. 

Pending  the  reading  of  the  resolutions,  on  motion  of  Mr. 
]).  L.  Wardlaw,  the  Convention  proceeded  to  the  considera- 
tion of  the  following  resolution,  which  had  been  made  the 
special  order  of  the  day,  for  this  day,  at  twelve  o'clock,  v.. : 

Resdived,  That  a  motion  to  sit  with  closed,  doors  be  a 
privileged  motion,  which  may  be  made  whenever  a  motion 
to  take  a  recess  might  be  ; 

And,  pending  the  consideration  thereof,  on  motion  of  Mr. 
Kcitt.  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  fol- 
lowing resolution  : 

Resolved,  That  a  motion  to  sit  with  closed  doors  be  a 
privileged  motion;  which  may  be  made  whenever  a  motion 
to  take  a  recess  might  be. 

Two-thirds  of  the  members  preseut  having  voted  in  the 
affirmative,  the  resolution  was  agreed  to. 

The  Convention  proceeded  to  the  consideration  of  the 
Constitution  of  the  Confederate  States  of  America. 

The  Constitution  was  read  by  the  Clerk. 

Mr.  D.  L.  Wardlaw  offered  the  following  resolution  : 

The  Constitution  having  been  read,  ftesolr-erf,  That  in  the 
further  consideration  of  the  instrument,  observations  from 
any  member  shall  be  heard  in  reference  to  any  part  of  it ; 
but  no  question  on  it  shall  be  taken  until  the  question  of 
ratification  or  rejection  shall  have  been  decided.  If  rati- 
fied, suggestions  of  amendment  may  be  afterwards  consid- 
ered and  disposed  of.  If  rejected,  the  conditions  upon 
which  it  might  be  accepted  may  be  considered. 


Convention  of  1861.  2*29 

Mr.  Furman  offered  the  following  amendment : 

Resolved,  That  in  the  consideration  of  the  Constitution, 
and  before  proceeding  to  vote  upon  the  question  of  ratifi- 
cation, the  opportunity  shall  be  afforded  for  the  presenta- 
tion of  proposed  changes  in  the  Constitution  ;  which 
changes,  if  they  shall  be  approved  by  this  Convention, 
shall,  in  case  the  Constitution  shall  be  ratified  by  this  body, 
be  proposed  to  the  Congress  of  the  Confederate  States  as 
amendments  demanded  by  the  State  of  South  Carolina. 

Mr.  Hutson  moved  to  lay  the  resolution  and  the  amend- 
ment on  the  table ;  and  the  question  being  put,  will  the 
Convention  agree  thereto  ? 

Messrs.  Adams  and  Means  were  appointed  tellers  : 
Yeas,  67  ;  nays,  84. 

So  the  motion  was  not  agreed  to. 

Mr.  Orr  moved  that  the  amendment  be  ordered  to  lie  on 
the  table;  and  the  question  being  put,  will  the  Convention 
agree  thereto  ?  it  passed  in  the  affirmative  : 
Yeas,  101 :  nays,  60. 

The  yeas  and  nays  were  demanded  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are  : 

Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Allison,  De  Treville, 

Appleby,  Duncan, 

Barnwell,  Dunkin, 

Barron,  Dunovant,  A.  Q. 

Barton,  Dunovant,  R.  G.  M. 

Beaty,  Easley, 

Bethea,  Ellis, 

Bobo,  English, 

Brabham,  Evans, 

Cam.  Foster, 

Caughman,  Gadberry, 

Chesnut,  Garlington, 

Conner,  Geiger, 

Crawford,  Glover, 

Darby,  Goodwin, 

De  Saussure,  Gourdin,  R.  N. 


230 


Journal  of  i  si 


Gourdin,  T.  L. 

« treen, 

Gregg,  William 

Grisnam, 

Hammond, 

Harllee, 

Harrison, 

Henderson, 

Honour, 

I  .I<>pkin>, 

Hunter, 

Ingram, 

Jackson, 

Jefferies, 

Jenkins,  J.  El. 

Johnson, 

Keitt, 

Kinard, 

Landmm, 

Lewis, 

Lvles, 

McCrady, 

McKee, 

Magratb, 

Manning*, 

MauMin. 

Maxwell. 

Maves, 

Means, 

M<Ml|-t     . 

Noble, 

Orr, 

Parker, 

l'errin, 


Porelier, 

Pressley, 

Qnattlebaum, 

Rainey, 

Reed, 

Rhett, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Sessions, 

Bhingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smyly, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,   Thomas 

Tompkins, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  II. 

Watts, 

Wier, 

Whitner, 

Wilson,  I.  P. 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers; 

Woods, 

Young. 


Those  who  voted  in  the  negative  are  : 


Messrs.  Adams, 
Atkinson, 
Bellinger, 
Bonneau, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain. 


Calhoun, 
Caldwell, 
Campbell, 

Carlisle, 
Carroll, 
{ lharles, 
Cheves, 

Clarke, 


Convention  of  1861. 


231 


Davant, 

Davis, 

Du  Pre, 

Fair, 

Flud, 

Forster, 

Frampton, 

Furman, 

Gist, 

Gregg,  Maxcy 

Hanckel, 

Hayne, 

Hutson, 

Inglis, 

Jenkins,  John 

Kershaw, 

Kilgore, 

Kinsler, 

Logan, 

M  elver, 

McLeod, 

Manigault, 


Mazyck, 

Middleton,  John  Izard 

Middleton,  W. 

Miles, 

Moorman, 

Howell, 

O'Hear, 

Palmer, 

Pope, 

Rhodes, 

Richardson,  F.  D. 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Smith,  J.  J.  P. 

Smith,  Thomas 

Snowden, 

Spain, 

Spratt, 

Timmons, 

Townsend, 

Williams, 


Mr.  Chevcs  moved  that  the  resolution  be  ordered  to  lie 
on  the  table ;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto  ?  it  passed  in  the  negative. 

Yeas,  61 ;  nays,  100.  * 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative  are : 


Messrs.  Bellinger, 
Bonneau, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Carroll, 
Caughman, 
Cheves, 
Clarke, 
Davant, 


Davis, 

Duncan, 

Du  Pre, 

Evans, 

Fair, 

Flud, 

Forster, 

Frampton, 

Furman, 

Garliugton, 

Gist, 

Gourdin,  R.  N". 

Gregg,  Maxcy 

Hutsoti, 


Journal  op  the 


Inglis, 

Lowell, 

Jenieries, 

O'Hear, 

Jenkins,  John 

Palmer, 

Jenkins,  J.  E. 

Pope, 

Kershaw, 

Rhodes, 

Kilgore, 

Richardson,  F.  D. 

Kinsler, 

lint  led  uv. 

M  river, 

Scott,  ' 

McKee, 

Seabrook,  E.  M. 

MeLeodj 

Smith,  J.  J.  P. 

Manigault, 

Snowden, 

Maxyrk, 

Spain, 

Middleton,  J.  Izard 

Spratt, 

Middleton,  W. 

Townsend, 

Miles, 

Williams, 

Moore, 

Wilson,  I.  D. 

Moorman, 

Those  who  voted  in  the  negative  are : 

Hon.  D.  F. 

Jamison, 

President;  and 

Messrs.  Adams, 

Ellis, 

Allison, 

English, 

Appleby, 

Foster, 

Atkinson, 

Gadberry, 

Barnwell, 

Geiger, 

Barron, 

Glover. 

Barton, 

Goodwin, 

Beaty, 

Gonrdin,  T.  L. 

Bethea, 

Green, 

Bobo, 

Gregg,  William 

Brabham, 

Grisham, 

( Jam, 

Hammond, 

Carlisle, 

llanckel, 

Charles, 

Harllee, 

Chesnut, 

Harrison, 

Conner, 

Ilayne, 

Crawford, 

Henderson, 

Darby, 

Honour, 

I  >e  Saussure, 

Hopkins, 

1  >e  Treville, 

Hunter, 

1  >  1 1  ii  kin, 

Ingram, 

Dunovant,  A.  Q. 

Jackson, 

Ihinovant,  Ii.  G. 

M. 

Johnson, 

Easley, 

Keitt, 

Convention 

of  1861.                            233 

Kinard, 

Shingler,  J.  M. 

Landrum, 

Shingler,  W.  P. 

Lewis, 

Simons, 

Logan, 

Simpson, 

Lyles, 
McCrady, 

Smyly, 

Smith,  Thomas 

Magrath, 
Manning, 

Springs, 
Stokes, 

Mauldin, 

Sims, 

Maxwell, 

Thompson,  R.  A. 

Mayes, 

Thomson,  Thomas 

Means, 

Timmons, 

Noble, 

Tompkins, 

OlT, 

Parker, 

Wagner, 

Wannamaker, 

lYrrin, 

Wardlaw,  P.  L. 

Porcher, 

Wardlaw,  F.  11. 

Pressley, 

Watts, 

Quattlebaum, 

Wier, 

Rainey, 

Whitner, 

Reed, 

Wilson,  J.  II. 

Rhett, 

Wilson.  \Y.  B. 

Richardson,  J.  P. 

Withers, 

Robinson, 

Woods, 

Rowel  1, 

Young. 

Sessions, 

So  the  motion  was  not  agreed  to. 
The  resolution  was  agreed  to. 
On  motion  of  Mr.  Orr,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be 
adjourned  to  meet  on  Monday  next,  at  twelve  o'clock,  m. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Harllee,  the  Convention  proceeded  to 
the  consideration  of  the  communication  from  his  Excel- 
lency the  Governor,  which  had  been  made  the  special  order 
of  the  day  for  this  day,  at  one  o'clock,  p.  M. 

Mr.  Harllee  offered  the  following  resolutions,  which  were 
considered,  and  were  agreed  to : 

Resolved,  That  so    much  of  the   communication  of  his 


284  Journal  of  the 

Excellency,  tlio  Covernor,  with  the  accompanying  docu- 
ments, as  relates  to  the  correspondence  of  the  Executive 
with  the  authorities  of  the  Confederate  States,  and  the  late 
United  States,  be  referred  to  the  Committee  on  Foreign 
Relations. 

J.  Thai  so  much  thereof  with  the  accompanying  docu- 
ments as  relates  to  the  Finances  and  Postal  Arrangements, 
be  referred  to  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements. 

:'..  That  so  much  thereof  with  the  accompanying  docu- 
ments as  relates  to  the  transfer  of  the  enlisted  troops, 
arms,  ordnance  and  munitions  of  war,  to  the  Government 
of  the  Confederate  States;  and  so  much  as  relates  to  the 
Coast  Defences  and  Volunteers  in  the  service  of  this  State, 
l>c  referred  to  a  Special  Committee  on  the  Military  to  be 
appointed  by  the  President  of  this  Convention. 

4.  That  the  Committees  be  authorized  and  instructed  to 
cause  to  be  printed  the  documents  referred  to  them,  with 
discretion  to  omit  such  portions  as  they  may  deem  it  im- 
proper to  make  public  or  unnecessary  to  print. 

Mr.  Orr  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  the  Military: 

licsolred,  That  the  troops  ordered  by  this  body  to  be 
raised  for  the  defence  of  the  State,  are  recommended  to 
the  service  of  the  Confederate  States,  in  part  or  in  whole, 
as  in  the  opinion  of  the  Government  of  the  Confederate 
States,  the  interests  of  the  Confederacy  require. 

The  President  announced  the  following  Committee  on 
the  Military: 

Messrs.  W.  AV.  Ilarllee, 
W.  P.  Miles, 
R.  De  Treville, 
R.  G.  M.  Dunovant, 
Maxcy  Gregg, 
J.  B.  Kershaw, 
J.  M.  Gadbeny. 


Convention  of  1861. 


235 


Mr.  Orr  introduced 

An  Ordinance  to  ratify  the  Constitution  of  the  Confed- 
erate States  of  America;  and  pending  the  consideration 
thereof, 

On  motion  of  Mr.  Orr,  the  Convention  was  adjourned  at 
forty-five  minutes  past  three  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


MONDAY,  APRIL  1,  1861. 

At  the  hour  to  "which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  M.  Timmons. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer,   ' 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A. 
Brown,  C. 
Burnet, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carlisle, 


11. 
P. 


Carroll, 
Caugbman, 
*  Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner. 
Crawford, 
Darby, 
Davis, 

De  Saussure, 
Duncan, 
Dun  kin, 

Dunovant,  R.  G.  M. 
Du  Pre, 
Easley, 
Ellis, 
Evans, 
Fair, 
Flud, 
Forster, 
Foster, 
Frampton, 


Journal  of  the 


Furman, 

Middleton,  W. 

<  ladberry, 

Miles. 

( Darlington, 

Moore, 

<  leiger, 

Moorman, 

Gist, 

Noble. 

<  Hover, 

Xowell, 

( toodwin, 

oil  ear. 

( rourdin,  R 

.1ST. 

Orr, 

Gourdin,  T 

L. 

Palmer, 

< Ireen, 

Parker, 

<  Iregg,  Maxcy 

Perrin, 

Gregg,  Wil 

liani 

Pope, 

<  i  risnam, 

Presslev, 

Harllee, 

Quattlebaum, 

Harrison, 

Uainev, 

I  Iavne, 

Reed,' 

Henderson, 

Uhett, 

Honour, 

Rhodes, 

1  [opkins, 

Richardson,  J,  P. 

Hunter, 

Robinson, 

Ilutson, 

Rowell, 

[nglis, 

Rutledge, 

Jackson, 

Scott, 

Jefferies, 

Seabrook,  E.  M. 

Jenkins,  J< 

hn 

Sessions, 

Jenkins,  J. 

E. 

Shingler,  J.  M. 

Johnson, 

Simons, 

Kershaw, 

Simpson, 

Kilgore, 

Srayly, 

Kinard, 

Smith,  J.  J.  P. 

Kiusler, 

Smith,  Thomas, 

Landrum, 

Spain, 

Lewis, 

Spratt, 

I  j  vies. 

Springs, 

Mclver, 

Sims, 

McKee, 

Thompson,  R.  A. 

McLeod, 

Thomson,  Thomas 

Magrath, 

Timmons, 

Manigault, 

Tompkins, 

Manning, 

Townsend, 

Mauldin, 

Wannaniaker, 

Maxwell, 

"Wardlaw,  D.  L. 

Mayes, 

Watts, 

Means, 

Wier, 

Middleton, 

J.  Izard 

Williams, 

Convention  of  1861.  287 

Wilson,  I.  D.  Woods, 

Wilson,  J.  II.  Young. 

Wilson,  W.  B. 

The  Journal  of  Friday's  proceedings  was  read. 
Mr.  Chesnut  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  the  President  of  the  Convention  be  author- 
ized to  extend  to  Hon.  Louis  T.  Wigfall  the  privilege  of  a 
seat  on  the  floor  of  the  Convention. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements,  presented  the  following 
report,  which  was  considered  immediately,  and  was  agreed 
to: 

The  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  to  whom  were  referred  the  communications 
of  the  Post-mastcr-Gencral  and  of  the  Secretary  of  the 
Treasury,  report, 

That  they  have  examined  the  same,  and  respectfully 
recommend  that  the  usual  number  of  copies,  of  both  docu- 
ments, be  printed  for  the  use  of  the  Convention,  and  that 
five  hundred  extra  copies  of  the  communication  of  the 
Secretary  of  the  Treasury  be  printed  for  distribution. 

The  President  laid  before  the  Convention  the  following 
communication : 

Charleston,  1st  April,  1861. 
To  the  Hon.  P.  F.  Jamison, 

President  of  the  Convention  of  South  Carolina: 

Dear  Sir  :  The  Executive  Board  of  the  Carolina  Art 
Association  has  invested  me  with  authority,  which  I  gladly 
exercise,  to  invite  the  members  of  the  Convention,  over 
which  you  preside,  to  visit  the  Gallery  of  Art,  in  Meeting 
street,  whilst  deliberating  here  for  the  public  weal. 

The  Secretary  will  take  pleasure  in  furnishing  the  mem- 
bers with  season  tickets  for  their  convenient  use. 

It  is  hoped  that  an  hour  bestowed  occasionally  in  view- 


238  Journal  of  the 

ome  specimens  of  Art,  including  Lentze's  Illustration 
of  Jasper  and  the  old   Palmetto  Fort,  may  contribute  an 

agreeable  diversion   to  the  minds  of  gentlemen  habitually 
engrossed  in  the  discussion  of  grave  concerns  of  State. 
I  have  the  honor  to  be, 

With  great  respect, 

Your  ob't  serv't, 

R.  F.  W.  ALLSTON, 

President  C.  A.  A. 

On  motion  of  Mr.  Chesnut,  the  invitation  was  accepted. 
<  >n  motion  of  Mr.  Orr,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of 
An  Ordinance  to  ratify  the  Constitution  of  the  Confeder- 
al. ■  States  of  America; 

And  pending  the  consideration  thereof,  on  motion  of  Mr. 
Orr.  it  was  ordered,  that  when  the  Convention  adjourns,  it 
shall    be  adjourned  to  meet  to-morrow,  at  eleven  o'clock, 

,\.    M., 

On  motion  of  Mr.  Cam,  the  Convention  was  adjourned  at 
forty-five  minutes  past  three  o'clock,  P.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


TUESDAY,   APRIL  2,  18G1. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  j. raver  by  the  Rev.  T.  R.  English. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Convention  of  1861. 


239 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Bormcau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Cam, 
Carlisle, 
Carroll, 
Cauglnnan, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Conner, 
Crawford, 
Darby, 
Davant, 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
Du  Pre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Flud, 


Foster, 

Frampton, 

Furman, 

Gad  berry, 

Garlington, 

( teiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  X. 

Gourdin,  T.  L. 

Green, 

Gregg,  Maxcy, 

Gregg,  William 

Grisham, 

I  [ammond, 

Ilanekel, 

Harllee, 

Harrison, 

BEayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jeflbries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Logan, 

Lyles, 

McCrady, 

M  elver, 

McKee, 

McLeod, 

Magrath, 

Manigault, 


Journal  oe  the 


Mauldin, 

Maxwell. 

Mayes, 

Ma/\.k, 

Means, 

Miles, 

Moore, 

Moorman, 

Lowell, 

O'Hear, 

Orr, 

Parker, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Robinson', 

Rowell, 

Seabrook,  E.  M. 

Sessions. 

Shingler,  J.  M. 

Simons, 


Simp-. mi. 
Sin  vlv. 

Smith,  J.  .1.  T. 
Smith,  Thomas 
Snowden, 
Spain, 
Spratt, 
Springs, 

Stokes, 

Sims, 
Thompson,  R.  A. 

Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 

Wannamaker, 
Watts, 
Wier, 
Whitner, 

Williams, 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


Mr.  Withers  presented  the  Report  of  the  Committee  on 
Relations  with  the  Slaveholding  States  of  America,  on  an 
Ordinance  concerning  the  cession  of  Forts,  &c. ;  which  was 
ordered  for  consideration  to-morrow,  and  to  be  printed. 

Mr.  L.  M.  Aver  stated  that  Messrs.  15.  W.  Lawton  and 
W.    ]\    Kinley  were  detained   at    liome   hy  sickness  in    their 

respective  families  ;  and,  on  motion  of  Mr.  Ayer,  these  gen- 
tlemen Were  excused  lor  tlie  reason    assigned. 

Mr.  McCrady  offered  the  following  resolution;  whieh 
was  considered  immediately,  and  was  agreed  to: 


Resolved,  That  in  the  opinion  of  this  Convention,  no  case 
should  lie  heard  at  the  present  sitting  of  the  Court  of 
Appeals,  except  with  the  consent  of  all  the  parties  to  the 
same. 


Convention  of  1861.  241 

On  motion  of  Mr.  McCrady,  it  was  ordered  that  a  copy 
of  this  resolution  he  sent  to  the  Chief  Justice. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances  ;  which  was  considered  immediately, 
and  was  agreed  to. 

On  motion  of  Mr.  Orr,  the  Convention  went  into 

SECRET  SESSION". 

The  Convention  resumed  the  consideration  of  an  Ordin- 
ance to  ratify  the  Constitution  of  the  Confederate  States 
of  America. 

Mr.  Rhett  offered  the  following  amendment: 

"But  this  Convention  deems  it  due  to  the  Confederate 
States,  expressly  to  declare,  that  in  ratifying  and  adopting 
the  above  Constitution,  they  suppose  that  it  establishes  a 
Confederacy  of  Slaveholding  States;  and  this  State  does 
not  consider  herself  as  bound  to  enter  or  continue  in  con- 
federation with  any  State  not  tolerating  the  institution  of 
slavery  within  its  limits  by  its  fundamental  law." 

On  motion  of  Mr.  Adams,  leave  of  absence  was  granted 
to  Mr.  Hopkins,  on  account  of  indisposition. 

On  motion  of  Mr.  Inglis,  business  was  suspended  at 
forty-live  minutes  past  three  o'clock,  p.  m.,  until  seven 
o'clock,  P.  M. 

RECESS. 

The  President  resumed  the  Chair. 

Mr.  Reed  moved  that  the  amendment  be  ordered  to  lie 
on  the  tabic. 

Mr.  Inglis  rose  to  a  question  of  order. 

The  President  decided  the  motion  to  lav  the  amendment 
on  the  table  in  order. 

Mr.  Cheves  appealed  from  the  decision  of  the  Chair;  and 
the  question   being  put,  will  the   Convention  sustain  the 
decision  of  the  Chair  ?  it  passed  in  the  negative  : 
Yeas,  41  ;  nays,  89. 
16 


'_'  \  •_' 


JoURN  \L    OF   THE 


The  yeaa  and  aaya  were  demanded,  and  are  as  follows 
Those  who  voted  in  tin*  affirmative  are: 


Hon.  I>.  F. 
Messrs.  Brown,  C.  P. 
1  turnet, 
( Sain, 
<  lampbell, 
Carroll. 
Caughman, 
Davant. 
1  fce  Saussure, 
Du  Pre, 
Evans, 
Kind, 

Glover, 

I  lourdin,  R.  N. 

Gregg,  Maxcv 

!  tanckel, 

Henderson, 

Jenkins,  John 

Kershaw, 

KiiisItT, 


Jamison,  President;  and 
Mazyck, 

Middleton,  J.  Izard 
Middleton,  W. 
Miles. 
Nowell, 
O'Hear, 
Palmer, 
Perrin, 
Rhett, 
Rhodes, 
Rutledge, 
Smith^vT.  J.  P. 
SnoWden, 
Sprat  t, 
Stokes, 
Wagner, 
Wardlaw,  F.  II. 
Williams, 
Wilson,  J.  II. 
Withers. 


Those  who  voted  in  the 

Messrs.  Adams, 
Allison, 
At  kinson, 
Barnwell, 
Barron, 
Barton, 
Bethea, 
Bellinger, 
Bobo, 
( Jalhoun, 
Caldwell, 
( Jarn, 
Carlisle, 

(  'autliL'li, 

( lharles, 

Chesnnt, 

CIlCN'l'S, 

( Jonner, 

Craw  lord, 


negative  are : 

Darby, 

Davis, 

DeTreville, 

1  >nnean, 

Dunovant,  R.  G.  M. 

Ellis, 

English, 

Forster, 

Foster, 

Frampton, 

( Arlington, 

Geiger, 

Goodwin, 

Green, 

Gregg,  William 

( Jrisham, 

!  lammond, 

1  larrison, 

Hunter, 


Convention  of  1861. 


243 


E. 


Hutson, 

Inglis, 

Jackson, 

Jefteries, 

Jenkins,  J 

Johnson, 

Kilgore, 

Kinard, 

Land  rum, 

Lewis, 

Logan, 

Lyles, 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath. 

Manigault, 

Mauldin, 

Maxwell, 

Mayes, 

Moore, 

Moorman, 

Parker, 

Pope, 

Quattlebaum, 


Rainey, 

Peed, 

Richardson,  J.  P. 

Powell, 

Seabrook,  E.  M. 

Shingler,  J.  M. 

Simons, 

Simpson, 

Smyly, 

Smith,  Thomas 

Spain, 

Springs, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Wannamaker, 

AVardlaw,  D.  L. 

Watte, 

Wler, 

Whitner, 

Wilson,  I.  J). 

Wilson,  W.  B. 

Woods, 

Young. 


So  the  decision  of  the  President  was  not  sustained. 
On  motion  of  Mr.  Mazyck,  it  was  ordered  that  when  the 
Convention  adjourns  it  shall  be  adjourned  to  meet  to-mor- 
row, at  eleven  o'clock,  a.  m. 

On  motion  of  Mr.  Spain,  the  Convention  was  adjourned 
at  thirty  minutes  past  eight  o'clock,  p.  m. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,  APRIL  3,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  B.  F.  Mauldin. 


244 


JOl  KXAL    OF    Till: 


The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs.  Adams, 

Allison, 

Appleby, 

Atkinson, 

Ayer, 

Barnwell, 

Barron, 

Barton, 

Beaty, 

Bethea, 

Bellinger, 

Bobo, 

Bonneau, 

Brabham, 

Brown,  A.  H. 

Brown,  C.  P. 

Calhoun, 

Campbell, 

Cam, 

( larlisle, 

Carroll, 

Caughman, 

Canthen, 

Charles, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Darby, 

Davant, 

Davis, 

De  Saussure, 

Dunkin, 

Dunovant,  R.  G.  ML 

Du  Pre, 

Easley, 

Ellis, 

English, 

Evans, 

Find, 

Ko  rater, 

Foster, 


Frampton, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gonrdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

( Iregg,  Maxcy 

Gregg,  William 

Grisnam, 

Hammond, 

Harllee, 

Harrison, 
Hayne, 
Henderson, 
Honour, 

I  hi  nter, 

II ut son, 

[nglis, 

Ingram, 

Jackson; 

Jefieries, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Logan, 

Lyles, 

MeCrady, 

Melver,' 

MeKeej 

MeLeod, 
Magrath, 
Manigault, 


Convention  of  1861. 


215 


Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  .J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Nbwell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrm, 

Pope, 

Pressley, 

Quattlebanm, 

Rainey, 

Reed, 

Rhett, 

Rhodes. 

Robinson, 

Rowell, 

Rutledge, 

Scott, 

Sessions, 


Shingler,  J.  M. 
Simons, 
Simpson, 
Smvlv, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Snowden, 
Spain, 
Spratt, 
Springs, 
Stokes, 
Sims, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Town  send, 
Wannamakcr, 
Wardlaw,  D.  L. 
Wardlaw,  F.  IL 
Watta, 
Wier, 
Whitner, 
Williams, 
Wifcson,  J.  IT. 
Wilson,  W.  B. 
"Withers, 
Woods, 
Young. 


The  Journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following 
communication ;  which,  on  motion  of  Mr.  Pope,  was  or- 
dered to  be  entered  on  the  Journal : 


Fort  Hill,  March  30,  1861. 
Hon.  D.  F.  Jamison  : 

Sir  :  I  transmit  through  you,  as  the  presiding  officer  of 
the  Convention  of  the  people  of  South  Carolina,  my  Report 
as  the  Commissioner  of  your  honorable  body  to  the  Con- 
vention of  the  people  of  Alabama. 

On  my  arrival  at  Montgomery  I  was  received  with  great 
cordiality   and  kindness,    as   the   representative  of  South 


24<>  Journal  of  the 

Carolina,  by  both  the  friends  and  opponents  of  secession; 
while  the  former  were  unbounded  in  their  admiration  of 
the  gallant  action  of  our  State,  the  latter,  although  depre- 
cating her  action,  were  ever  courteous  and  kind  in  their 
allusions  to  her.  There  was,  unfortunately,  much  diversity 
of  sentiment  when  the  Alabama  Convention  first  assem- 
bled. The  State  of  Alabama  is  divided  into  what  is  called 
South  and  North  Alabama.  There  is  but  little  trade  or 
intercourse  between  the  sections.  Before  the  completion 
of  Railroads  leading  to  the  Atlantic  from  North  Alabama, 
the  course  of  trade  followed  the  current  of  its  navigable 
streams  to  Xew  Orleans.  On  the  other  hand,  South  Ala- 
bama concentrated,  to  a  large  extent,  her  trade  at  Mobile. 
To  the  north  of  the  head-waters  of  navigation,  in  South 
Alabama,  there  intervenes  a  broken  and  rugged  country,  to 
the  valley  of  the  Tennessee.  Geographically,  no  State  is 
more  divided,  and,  unfortunately,  the  division  entered  into 
the  political  complexion  of  the  State.  North  Alabama 
was  almost  a  unit  against  secession,  and  South  Alabama 
nearby  entirely  so  in  its  favor.  This  state  of  affairs  embar- 
rassed the  action  of  her  Convention  when  it  Hist  assembled. 
For,  as  citizens  of  the  same  State,  it  was  important,  al- 
though there  was  a  decided  majority  for  secession,  to 
assuage  the  sectional  bitterness,  that  precipitate  action 
might  induce.  Hence,  several  days  elapsed  before  the  pas- 
sage of  the  Ordinance  of  Secession.  Many  opposed  up  to 
that  point,  withdrew  opposition,  and  a  general  disposition 
to  sustain  the  State  was  manifested. 

My  credentials  were  presented  on  the  first  day  of  the 
session  of  the  Convention,  and  on  the  second,  by  invitation, 
I  addressed  the  Convention,  and  brought  before  it  the 
points  that  I  had  been  instructed  to  present.  I  have  the 
honor  to  enclose  an  official  copy  of  the  action  of  the  Con- 
vention, giving  an  affirmative  response  to  every  request  I 
had  made  as  your  Commissioner. 
Very  respectfully, 

Your  obedient  servant, 

AND'W  P.  CALHOUN. 


Convention  of  1861.  247 

The  report  and  resolutions  accompanying  the  communi- 
cation, were  ordered  to  lie  on  the  table. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  made  reports  : 

On  an  Ordinance  to  amend  the  ninth  Article  of  the  Con- 
stitution of  the  State  of  South  Carolina ; 

On  an  Ordinance  further  to  amend  the  fourth  section  of 
the  first  Article  of  the  Constitution  of  this  State ; 

On  an  Ordinance  declaratory  of  the  true  construction  of 
an  Ordinance  concerning  citizenship;  which  were  severalty 
ordered  for  consideration  to-morrow,  and  to  be  printed. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  to  whom  had  been  referred  an  Ordi- 
nance to  repeal  sundry  Ordinances  done  by  the  people  of 
the  State1  of  Somli  Carolina  in  Convention  :  also,  an  Ordi- 
nance to  amend  an  Ordinance,  entitled  an  Ordinance  to 
alter  the  Constitution  of  the  State  of  South  Carolina,  by 
striking  out  certain  words  in  sundry  places  ;  also,  ^resolu- 
tion to  inquire  and  ascertain  what  changes  should  he  made 
in  the  Constitution  to  adapt  it  to  our  present  condition, 
made  a  report,  and  reported  an  Ordinance  concerning  the 
repeal  of  sundry  Ordinances,  and  various  changes  in  the 
Constitution ;  which  was  ordered  for  consideration  to-mor- 
row, and  to  be  printed. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Consti- 
tution of  the  State,  to  whom,  had  been  referred  a  resolution 
concerning  alterations  of  the  Constitution,  made  a  report, 
and  reported  an  Ordinance  to  alter  the  tenth  section  of  the 
first  Article  of  the  Constitution  of  the  State  of  South  Car- 
olina, and  the  amendment  thereof,  ratified  the  28th  January, 
1861*  also,  to  alter  the  tenth  section  of  the  amendments, 
ratified  the  17th  day  of  December,  1808,  and  likewise  the 
second  clause  of  the  eleventh  Article  of  the  Constitution 
aforesaid  ;  which  was  ordered  for  consideration  to-morrow, 
and  to  be  printed. 

Mr.  Miles  presented  the  Report  of  the  Committee  on 
Foreign  Relations,  on  the  Report  of  the  Secretary  of  State, 


2  18  JOURNAL   OF   TBI 

and  the  accompanying  documents;  which  was  ordered  for 
consideration  to-morrow. 

Mr.  Banckel  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

I:  lolved,  Thai  the  thanks  of  thia  Convention  are  nereby 
respectfully  tendered  to  Gen.  Beauregard,  and  to  the  offi- 
cers acting  under  him,  for  the  very  delightful  and  highly 
interesting  visit  to  the  Fortifications  in  Charleston  harbor, 
on  Saturday  last,  afforded  to  this  Convention  by  their 
courtesy. 

On  motion  of  Mr.  Rhett,  the  Convention  went  into 

SECRET  SESSION. 

The  Journal  of  yesterday's  secret  proceedings  was  read. 
Mi-.  Mazyck  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  Committee  on  Engrossing  be  instruct- 
ed to  inquire  and  report  what  resolutions  and  orders  of  the 
Convention  passed  in  secret  session,  and  how  much  and 
what  portions  of  the  secret  journal  may  now  he  made  pub- 
lic without  impropriety. 

Mr.  [nglis  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  when  the  Convention  shall  have  disposed 

of  all  propositions  which  shall  be  introduced,  for  demand- 
ing a  Convention  to  consider  amendments  to  the  Constitu- 
tion, or  otherwise  suggesting  such  amendments,  or  defining 
the  conditions  upon  which  the  Constitution  would  bo  rati- 
fied, or  the  sense  in  which  it  is  ratified,  any  member  who 
desires  so  to  do,  may  change  his  vote  on  the  ratification  of 
the  ( Sonstitution. 

The  Convention  resumed  the  consideration  of  an  Ordi- 
nanee  to   ratify  the  Constitution  of  the  Confederate  States 


Convention  of  1861. 


249 


of  America  ;  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto  ?  it  passed  in  the  affirmative  : 
Yeas,  138 ;  nays,  21. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are  : 


Hon.  D.  F 

Messrs.  Allison, 
Appleby, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Brabham, 
Brown,  A.  II. 
Burnet, 
Cain, 
Calhoun, 
Campbell, 
( 'arn, 
Carlisle, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Darbv, 
Davis, 

De  Saussure, 
De  Treville, 
Duncan, 
Dun  kin, 

Dunovant,  R.  G.  M 
Du  Pre, 


Jamison,  President;  and 

Ellis, 

English, 

Evans, 

Fair, 

Foster. 

Frampton, 

Eurinan, 

Gadberry, 

<  rarlington, 
Geiger, 
(list. 
Glover, 
Goodwin, 
Gourdin,  R.  1ST. 
Gourdin,  T.  L. 
Green, 
Gregg,  William 

<  rrisnam, 
Hammond, 
Hanekel, 
Harllee, 
Harrison, 
Hayne. 
Henderson, 
Honour, 
Hunter, 
Inglis, 
Ingram, 
Jackson, 
Jefieries, 
Jenkins,  J.  E. 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Landrum, 


Jot  i:\ai.   OB    Till". 

I.,  wis.  Rowell, 

Logan,  Scott, 

L;  Seabrook,  E.  M. 

\l.-(  Jrady,  Sessions, 

McKee,  Shingler,  J.  M. 

McLeod,  Simons, 

Magrath,  Simpson, 

Manning,  Smyly, 

Mauldin,  Smith,  J.  J.  P. 

Maxwell,  Smith,  Thomas 

Mayes,  Springs, 

Means.  Stokes. 

Miles.  Sims. 

Moore,  Thompson,  R.  A. 

Moorman,  Thomson,  Thomas 

Noble,  Timmons, 

O'Hear,  Tompkins, 

Orr,  Townsend, 

rainier.  Wagner, 

Parker,  Wannamaker, 

Perrin,  Wardlaw,  D.  L. 

Pope,  Wardlaw,  F.  11. 

Porcher,  Watts. 

Pressley,  Wier, 

Quattlebaum,  Whitncr,  • 

Rainey,  Wilson,  I.  1>. 

Reed,  Wilson,  J.  II. 

Rhett,  Wilson,  AW  B. 

Rhodes,  Withers, 

Richardson,  F.  D.  Woods. 

Richardson,  J.  P.  Young. 
Robinson, 

Those  who  voted  in  the  negative  are: 

Messrs.  Adams,  Manigault, 

Brown,  C.  P.  Mazvek, 

Caldwell,  Middleton,  J.  Izard 

Davant,  Middleton,  Williams 

Find,  Nowell, 

Forster,  Rutledge, 

Gregg,  Maxcy  Snowden, 

llntson,  Spain, 

Jenkins,  John  Spratt, 

Kinsler,  Williams. 
Mclver, 


Convention  of  1861. 


251 


So  the  Ordinance  was  agreed  to. 

On  motion  of  Mr.  Pope,  it  was  ordered  that  when  the 
Convention  adjourns,  it  shall  be  adjourned  to  meet  to-mor- 
row, at  eleven  o'clock,  a.  m. 

On  motion  of  Mr.  Pope,  the  Convention  was  adjourned  at 
five  minutes  past  three  o'clock,  v.  M. 

13.  F.  ARTHUR, 

Clerk  of  the  Convention. 


THURSDAY,  APRIL  4,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  Daniel  Du  Pre. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 

answered  to  their  names: 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Aver, 
Barnwell, 
Barron, 
Barton, 

Peaty, 

Bethea, 

Bellinger, 

Brabham, 

Brown,  A.  H. 

Brown,  C.  P. 

Cain, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carlisle, 

Carroll, 

Caughman, 


Chesnnt, 
Cheves, 

Clarke, 
Conner, 

Crawford, 
Darby, 
Davant, 
Davis, 

De  Saussure, 

Duncan, 

Dunkin, 

Dunovant,  R.  G.  M. 

Du  Pre, 

Easley, 

Ellis, 

English, 

Evans, 

Fair, 

Find, 

Forster, 

Foster, 

Frampton, 


J01  RNAL    OF    THE 


Furman, 

<  ladberry, 

( Darlington, 

<  leiger, 
Gist, 

( Jlover, 
( foodwin, 
< tourdin,  R.  N. 
Gourdin,  T.  L. 
( Ireen, 

Gregg,  Maxcy 
Gregg,  William 

<  Irisnam, 

I  [ammond, 

Hanckel, 

Harrison, 

I  hlVllr. 

I  [enderson, 

Honour, 

Hunter, 

I  [utson, 

Inglis, 

[ngram, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinartl, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

I  j  vies, 

McCrady, 

Mclver, 

McKee, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means. 


Middloton,  J.  Izard 
Middleton,  W. 

Mi  Irs. 
Moore, 

Moorman, 
Noble, 

Xowell, 

O'Hear, 

Orr, 

Palmer, 

1  'arker, 

Perrin, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Scott, 

Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 

Smyly, 

Smith, 

Snowden, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timnions, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  1).  L. 

Watts, 

Wier, 

\\  Tiitner, 

Williams, 


Convention  of  1361.  253 

Wilson,  I.  D.  Withers, 

Wilson,  J.  H.  Woods, 

•Wilson,  W.  B.  Young. 

The  Journal  of  yesterday's  proceedings  was  read. 
Mr.  Adams  offered  the  following  resolution,  which  was 
ordered  to  lie  on  tlie  table: 

Resolved,  That  this  Convention  do  adjourn  sine  die,  to- 
morrow, April  5th,  at  four  o'clock,  p.  M. 

GENERAL  ORDERS. 

On  motion  of  Mr.  Miles,  the  Report  of  the  Committee 
on  Foreign  Relations,  in  relation  to  the  Report  of  the  Sec- 
retary of  State,  was  considered  and  was  agreed  to. 

The  general  orders  were  suspended,  and 

Mr.  Mazyck  offered  the  following  resolution,  which  was 
referred  to  the  Committee  on  the  Military: 

Resolved,  That  the  Governor  he  and  he  is  hereby  author- 
ized to  commission  the  officers  of  any  Volunteer  company 
which  may  he  formed  in  any  of  the  districts  adjacent  to  the 
sea-coast,  for  local  service,  provided  that  no  such  commis- 
sion shall  he  issued  without  the  written  consent  and  appro- 
bation of  the  commanding  officers  of  the  Regiment,  Bat- 
talion and  Company,  respectively,  within  the  limits  of 
which  such  Volunteer  company  shall  have  been  formed;  and 
provided,  also,  that  such  commissions  shall  not  continue 
longer  than  days  after  the  close* of  the  next  regular 

session  of  the  legislature. 

On  motion  of  Mr.  Spain,  leave  ot  absence  was  granted  to 
Mr.  Green,  on  account  of  indisposition. 

GEKERAL  ORDERS. 

An  Ordinance  to  amend  an  Ordinance  concerning  citi- 
zenship was  agreed  to,  and  was  ordered  to  he  signed  by  the 
President  and  the  Clerk. 


254  Journal  of  tih: 

An  Ordinance  to  repeal  Bundry  Ordinances,  and  to  alter 
the  fourth  Article  and  sundry  sections  of  the  Constitution, 
was  taken  up. 

Mi-.  Butson  offered  the  following  amendment,  which  was 
not  agreed  to : 

Provided,  that  no  one  not  born  a  citizen  of  this  State 
shall  vote  in  any  election,  unless  he  shall  at  some  time  pre- 
viously have  taken  the  oath  of  allegiance  to  this  State; 
excepting,  however,  such  persons  as  are  now  citizens  of  this 

State. 

The  Ordinance  was  agreed  to,  and  was  ordered  to  be 
signed  by  the  President  and  the  Clerk. 

An  Ordinance  to  alter  the  tenth  section  of  the  first  Article 
of  the  Constitution  of  the  State  of  South  Carolina,  and  the 
amendment  thereof,  ratified  the  28th  of  January,  1861 ; 
also,  to  alter  the  tenth  section  of  the  amendments  ratified 

on  the  17th  day  of  December,  1808    and  likewise  the  second 

clause  of  the  eleventh  Article  of  the  Constitution  aforesaid; 
was  considered,  and  was  agreed   to,  and    was  ordered  to  be 

signed  by  the  President  and  the  Clerk. 
The  Report  of  the  Committee  on  the  Constitution  of  the 

State  on  an  Ordinance  to  amend  the  ninth  Article  of  the 
Constitution  of  the  State  of  South  Carolina;   and 

The  Report  of  the  same  Committee  on  an  Ordinance  fur- 
ther to  amend  the  fourth  section  of  the  first  Article  of  the 
Constitution  of  this  State,  were  considered,  and  were 
agreed  to. 

The  Genera]  Orders  were  suspended,  and  Mr.  J).  L. 
Wardlaw  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to: 

Resolved,  That  the  Constitution  of  the  State  shall  be 
engrossed,  omitting  all  temporary  provisions,  and  incorpor- 
atingall  amendments,  so  as  to  present  a  symmetrical  whole, 
and  that  after  having  been  read  and  approved  by  the  Con- 
vention, it  shall  he  ratified. 


Convention  of  1861.  255 

On  motion  of  Mr.  D.  L.  Wardlaw,  it  was  ordered,  that 

the  Constitution  of  the  State  be  engrossed  under  the  super- 
vision of  the  Committee  on  the  Constitution  of  the  State. 
On  motion  of  Mr.  Harllee,  the  Convention  went  into 

SECRET  SESSIOX. 

The  Journal  of  yesterday's  Secret  Session  was  read. 

Mr.  Harllee  presented  the  Report  of  the  Committee  on 
the  Military  on  the  various  matters  referred  to  them,  to- 
gether with  certain  resolutions,  which  was  ordered  for  con- 
sideration to-morrow,  and  to  be  printed. 

On  motion  of  Mr.  I).  L.  Wardlaw,  the  injunction  of 
secrecy  was  removed  from  the  Report  and  Resolutions. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances  on  a  resolution  of  inquiry  as  to  the 
publication  of  tin'  Resolutions  and  Orders,  and  Secret 
Journal  of  the  Convention;  which  was  ordered  for  consid- 
eration to-morrow. 

Mr.  R.  X.  Gourdin  offered  the  following  resolution: 

Resolved,  That  the  appointment  of  the  Hon.  Edward 
Frost,  by  his  Excellency  the  Governor,  an  Executive  Coun- 
sellor vice  the  lion.  C.  G.  Memrainger,  appointed  Secretary 

of  the  Treasury  of  the  Confederate  States  of  America,  is 
approved  by  this  Convention,  and  is  hereby  confirmed. 

Mr.  Adams  offered  the  following  amendment,  which  was 
agreed  to : 

Resolved,  That  the  Convention  approve  of  the  nomina- 
tion of  Hon.  Edward  Frost,  as  a  member  of  the  Executive 
Council. 

On  motion  of  Mr.  D.  L.  "Wardlaw,  an  ordinance  to  re- 
peal sundry  ordinances,  and  to  alter  the  fourth  Article,  and 
sundry  sections  of  the  Constitution  was  reconsidered:  and 
on  motion  of  Mr.  D.  L.  Wardlaw,  the  following  words  of 
the  first  section  were   stricken  out:  "Also,  an  Ordinance 


2S6  Journal  op  the 

ratified  <>ii  the  27th  day  of  Decemher,  1860,  entitled,  an 
Ordinance  to  amend  the  Constitution  of  the  State  of  South 
Carolina,  in  respect  to  the  Executive  Department." 

<>n  motion  of  Mr.  I>.  L.  Wardlaw,  this  portion  of  the 
Ordinance  was  recommitted  to  the  Committee  on  the  Con- 
stitution  of  the  State,  and  the  remaining  clauses  of  the 
Ordinance  were  agreed  to:  and  the  injunction  of  Becrecy 
removed. 

Mr.  Ekmneau  asked  to  record  the  vote  he  would  have 
given,  if  present,  on  an  Ordinance  to  ratify  the  Constitu- 
tion of  the  Confederate  States  of  America;  and  Mr.  Bon- 
neau  being  called,  answered  "No." 

Mr.  [nglis  offered  the  following  resolutions,  which  were 
considered  immediately : 

Resolved,  That  so  soon  as  the  Government  of  the  Con- 
federate States  of  America,  created  by  the  Constitution 
which  has  been  now  ratified,  shall  be  securely  established 
and  in  peaceful  operation,  the  State  of  South  Carolina 
ought  to  demand  that,  two  other  States  concurring,  the 
Congress  shall  summon  a  Convention  of  all  the  States,  to 
take  into  consideration  the  following  amendments  to  the 
said  Constitution,  to  wit: 

1.  To  amend  the  second  section  of  the  first  Article,  by 
striking  out  from  the  third  paragraph  thereof,  the  follow- 
ing words,  to  wit:  "which  shall  be  determined  by  adding 

to  the  whole  number  of  tree  persons,  including  those 
bound  to  service  for  a  term  of  years;-'  and  the  words, 
"three-fifths  of  all  slaves,"  and  inserting  after  the  words 
"respective  numbers,"  the  words,  "including  slaves." 

'1.  To  amend  the  ninth  section  of  the  first  Article  by 
striking  out  therefrom  the  first  paragraph  of  said  section, 
and  the  word  "also"  from  tin1  second  paragraph  of  the 
Bame  section,  and  inserting  in  the  latter  paragraph  after 
the  word  "State,"  the  words,  "of  the  present  United  States 
of  America." 


Convention  of  18G1. 


3.  To  amend  the  third  section  of  the  fourth  Ai'ticle,  by 
adding  to  the  first  paragraph  thereof,  the  words,  "nor  shall 
any  State  in  which  African  slavery  does  not  by  law  exist, 
be  admitted,  without  the  consent  of  all  the  States  expressed 
through  their  respective  legislatures." 

Mr.  Mazyck  offered  the  following  amendment: 

Strike  out  all  after  the  word  "Resolved,"  and  insert, 
"That  the  State  of  South  Carolina,  in  pursuance  of  the 
fifth  Article  of  the  Constitution  of  the  Confederate  States 
of  America,  does  hereby  demand  that  the  Congress  of  the 
Confederate  States  to  be  assembled  under  the  provisions  of 
the  said  Constitution,  shall  summon  a  Convention  of  all 
the  States  of  the  Confederacy  to  take  into  consideration 
the  following  amendments  to  the  said  Constitution,  to 
wit:" 

Mr.  A.  II.  Brown  moved  that  the  amendment  be  ordered 
to  lie  on  the  table;    and  the  question   being  put,  will  the 
Convention  agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  101;  nays,  44. 

The  3'eas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  arc  : 


Messrs.  Allison, 
Appleby, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham^ 
Brown,  A.  II. 
Calhoun, 
Carlisle, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Ches*nut, 
17 


Cheves, 
Conner, 

Crawford, 

Darby, 

])e  Saussure, 

DeTreville, 

Kershaw, 

Kinard, 

Land  rum, 

Lewis, 

Lyles. 

MeCrady, 

McKee, 

McLeod, 

Magrath, 

Manning, 

Mauldin, 


Zt>l 


Journal  of  the 


Duncan, 

Farkcr, 

Dunkin, 

Perrin, 

DuPre, 

Kaslev, 

Pope, 
Porcher, 

Ellis, 

Quattlebaum, 

English, 
Evans, 

Rainev, 
Reed," 

Foster, 

Richardson,  J.  P. 

Frampton, 

Robinson, 

Funnan, 

Rowel  1, 

Gartington, 

Seabrook,  E.  M. 

Glover, 

Sessions. 

Goodwin, 

Sliingler,  J.  M. 

Gourdin,  R.  N". 

Simons, 

Gourdin,  T.  L. 

Simpson, 

Grisham, 

Smyly, 

Hammond, 

Smith,  Thomas 

Hanckel, 
Harllee, 

Springs, 
Stokes, 

Harrison, 

Sims, 

Hayne, 
Hunter, 

Thompson,  R.  A. 
Thomson,  Thomas 

Inglis, 

Townsend, 

[ngram, 

Wannamaker, 

Jackson, 

W'ardlaw,  D.  L. 

Jenkins,  J.  E. 

Watts, 

Johnson, 

Wier, 

Keitt, 

Whitner, 

Maxwell, 

Wilson,  I.  D. 

Mayes, 

Wilson,  W.  B. 

Means, 

Withers, 

Moore, 

Woods, 

Noble, 

Young. 

Orr, 

Those  who  voted  in  the 

negative  are: 

Messrs.  Adams, 

Clarke, 

Atkinson, 

Davant, 

Ayer, 
Bellinger, 

Davis, 

Fair, 

Brown,  C..P. 

Find, 

Cain, 

Forster, 

Caldwell, 

Gist, 

Campbell, 

Hutson, 

( 'am, 

Jefieries,      ' 

Convention  of  1861.  259 

Jenkins,  John  Rhodes, 

Kilgore,  Richardson,  F.  D. 

Kinsler,  Rutledge, 

Mclver,  Scott, 

Manigault,  Smith,  J.  J.  P. 

Mazyck,  Snowden, 

Middleton,  J.  Izard  Spain, 

Middleton,  W.  Spratt, 

Miles,  Timmoii8, 

Moorman,  Wagner, 

Nowell,  Wardlaw,  F.  II. 

O'llear,  Williams, 

Palmer,  Wilson,  J.  H. 

Mr.  Orr  moved  that  the  resolutions  offered  by  Mr.  Inglis 
be  ordered  to  lie  on  the  table ;  and  the  question  being  put, 
will  the  Convention  agree  thereto  ?  it  passed  in  the  neg- 
ative : 

Yeas,  27  ;  nays,  118. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are: 

Messrs.  Allison,  Mayes, 

Barron,  Means, 

Charles,  Orr, 

Chesnut,  Perrin, 

Duncan,  Pope, 

Evans,  Rainey, 

Foster,  Reed, 

Goodwin,  Sniyly, 

Ilarllee,  Thompson,  R.  A. 

Harrison,  Thomson,  Thomas 

Hayne,  '       Wardlaw,  D.  L. 

Johnson,  Whitner, 

Manning,  Wilson,  I.  D. 

Mauldiu, 

Those  who  voted  in  the  negative  are  : 

Messrs.  Adams,  Beaty, 

Appleby,  Bethea, 

Atkinson,  Bellinger, 

Ayer,  Bobo, 

Barnwell,  Brabham, 

Barton,  Brown,  A.  H. 


260 


JoruN.u.  of  Tin: 


Brown,  C.  P. 
( Jain, 

Calhoun, 
Caldwell, 

<  'amphell, 

Cam, 
( 'arlisle, 
( Jarroll, 

Caughman, 
Cauthen, 

CheVCS, 

Clarke, 

( 'niiiier, 

Crawford, 

Darby 

Davantj 

I>avis, 

De  Saussure, 

De  Treville, 

hunkin, 

"Du  Pre, 

Easley, 

Ellis/ 

English, 

Fair, 

Find, 

Foreter, 

Franipton, 

Furraan, 

Garlington, 

Geiger, 

Gist, 

Clover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

( Jrisham, 

Hammond, 

Hanekel, 

Hunter, 

llutson, 

Inglis, 

Ingram, 

Jackson, 

J  cileries, 

Jenkins,  John 


Jenkins.  J.  E. 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kin  sler, 

Lac  drum, 

Lewis, 

Lyles, 

Mc<  'rady, 

Mclver, 

Mdvee, 

McLeod, 

Manigault, 

Maxwell, 

Mazyck, 

MiddLeton,  J.  Izard 

Middletbn,  \V. 

Miles, 

Moore, 

Moorman, 

Noble, 

No  well, 

O'Hear, 

Palmer, 

Parker, 

Pore  her, 

Quattlebaum, 

Rhodes, 

Richardson,  F.  T). 

Richardson,  J.  P. 

Robinson, 

Rowell; 

Rut  ledge, 
Scott, 

Seabrook,  E.  M. 
Sessions, 
Shingler,  J.  M. 

Simons, 

Simpson, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Snowdcn, 

Spain, 

Spratt, 


Convention  of  1861.  261 

Springs,  Watts, 
Stokes,                                    ,    Wier, 

Sims,  Williams, 

Timmons,  Wilson,.  J.  H- 

Townsend,  Wilson,  W.  B 

Wagner,  Withers, 

Wannamaker,  Woods, 

Wardlaw,  F.  IT.  Young. 

The  preamble  and  the  first  section  were  agreed  to. 
Mr.  Withers  proposed  the  following  amendment: 

Insert  in  lieu  of  the  latter  member  of  the  proposition 
as  to  the  ninth  section,  the  following,  to  wit:  To  substitute 
in  lieu  of  the  second  paragraph  of  the  said  section,  the 
following: 

"Congress  shall  have  power  to  prohibit  the  importation 
or  introduction  of  slaves  from  any  region,  not  a  State  or 
Territory  of  this  Confederacy." 

Mr.  D.  L.  Wardlaw  offered  the  following  : 

"That  the  first  and  second  clauses  of  the  ninth  section  of 
the  first  Article,  be  altered  to  read  as  follows:  'Congress 
shall  have  power  to  prohibit  the  importation  or  introduc- 
tion of  slaves  from  any  region  not  a  State  or  Territory  of 
this  Confederacy.'  " 

The  amendment  was  agreed  to. 

Mr.  John  Izard  Middletou  offered  the  following  amend- 
ment, which  was  not  agreed  to: 

To  amend  the  first  Article  by  striking  out  the  first  and 
second  clauses  of  the  ninth  section. 

The  third  clause  of  the  resolutions  was  agreed  to. 

Mr.  Ilutson  offered  the  following  amendments,  which, 
on  motion  of  Mr.  Withers,  were  ordered  to  lie  on  the 
table: 

To  strike  out  wherever  they  occur  the  words,  "citizens 
of  the  Confederate  States,"  or  "citizen  of  the  Confederate 


262  Journal  of  tii i: 

States,"  and  insert  in  lion  thereof,  ".citizens  of  one  of  the 
Confederate  States,"  and  "citizen  of  one  of  the  Confed- 
erate States. 

To  insert  in  the  fourth  clause  of  the  eighth  section  of  the 
firsl  Article  after  the  word  "naturalization"  these  words 
"provided  that  Buch  laws  shall  require  the  Foreigner  to 
swear  allegiance  to  that  Confederate  state  in  which  he  ia 

naturalized.' 

Mr.  R.  N.  Gourdin  offered  the  following  amendment: 

To  amend  the  eighth  section  of  the  first  Article,  by 
inserting  after  the  word  "but,"  on  the  seventh  line,  the 
following:  ."The  per  eentage  on  imports  shall  be  uniform, 
and  shall  not  exceed  fifteen  per  cent,  ad  valorem  at  the 
place  of  export  in  times  of  peace,  and" 

And  pending  the  consideration  thereof,  on  motion  of 
Mr.  Reed,  the  Convention  was  adjourned  at  twenty-five 
minutes  past  four  o'eloek,  p.  M. 

15.  F.  ARTHUR, 

Clerk  of  the  Convention. 


FRIDAY,   APRIL   5,   18G1. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  D.  C.  Appleby. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names  : 

Messrs.  Adams,  Barron, 

Allison,  Barton, 

Appleby,  Beaty, 

Atkinson,  Bethea, 

Barnwell,  Brabham, 


Convention  of  1861. 


263 


Brown,  A.  H 

Brown,  C.  P. 

Buchanan, 

Cain, 

Calhoun, 

Caldwell, 

Campbell, 

Cam, 

Carlisle, 

Carroll, 

Caughman, 

Cauthen, 

Cheves, 

Clarke, 

Darby, 

Davant, 

Davis, 

De  Saussure, 

Dunkin, 

Du  Pre, 

Easley, 

Ellis, 

Evans, 

Fair, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdin,  R.  N". 

Gourdin,  T.  L. 

Gregg,  Maxey 

Gregg,  AVilliani 

Grisham, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 


Inglis, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Kershaw. 

Kilgore, 

Kinard, 

L  an  drum, 

Lewis, 

Lyles, 

Mclver, 

MeKee, 

McLeod, 

Manigault, 

Mauldin, 

Maxwell. 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Middleton,  ^y. 

Moore, 

.No  well, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Rowell, 

Scott, 

Sessions, 

Shinsjler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smvlv, 

Smith,  J.  J.  P. 


264  Journal  of  the 

Smith,  Thomas  Wannamaker, 

Bnowden,  Wardlaw,  D.  L. 

Spain,  Watts, 

Spratt,  Wier, 

Springs,  Williams, 

Stokes,  Wilson,  I.  I>. 

Sims,  Wilson,  J.  II. 

Thomson,  Thomas  Wilson,  W.  B. 

Timmons,  Withers, 

Tompkins,  Woods, 

Townsend,  Young. 

Tlie  Journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  Bellinger,  leave  of  absence  was  granted 
to  Mr.  Cam,  on  account  of  professional  business. 

^Ir.  D.  L.  Wardlaw  presented  the  Report  of  the  Com- 
mittee on  the  Constitution,  upon  reconsideration  after  re- 
commitment to  them,  of  an  Ordinance  to  amend  the  Con- 
stitution  of  the  State  of  South  Carolina,  in  respect  to  the 
Executive  Department;  which  was  ordered  for  considera- 
tion to-morrow,  and  to  be  printed. 

Mr.  Ad;im<  offered  the  following  resolution  ;  which  was 
ordered  for  consideration  to-morrow  : 

"Resolved)  That  the  Convention  adjourn  this  day,  at  six 
o'clock,  P.  M.,  to  he  convened  on  the  call  of  the  President, 
if  lie  should  deem  it  at  anytime  before  the  first  Monday  of 
December  necessary  to  do  so;  and  should  no  such  call  be 
made  before  that  time,  the  Convention  then  to  stand  ad- 
journed sine  die. 

Mr.  Thomas  Thomson  presented  the  Report  of  the  Com- 
mittee on  Accounts,  on  the  accounts  of  1*.  Brady  and  others; 
which  was  considered  immediately,  and  was  agreed  to. 

On   motion   of   Mr.   Simons,   the    Convention   went   into 

SECRET   SESSION. 

The  Journal  of  yesterday's  secret  session  was  read. 
Mr.  Khett  asked   leave  to  record  the  vote  he  would  have 
given,  if  present,  on  a  motion  to  lay  on   the  table,  certain 


Convention  of  1861.  265 

resolutions,  offered  by  Mr.  Inglis,  suggesting  amendments 
to  the  Constitution,  and  Mr.  Rhett,  being  called,  answered 
"No." 

Mr.  Manigault  presented  the  account  of  the  "Horry  Des- 
patch" for  advertising,  which  was  referred  to  the  Committee 
on  Accounts. 

Mr.  Rhett  offered  the  following  resolution,  which  was 
referred  to  the  Engrossing  Committee: 

Resolved,  That  the  injunction  of  secrecy  be  removed  from 
the  proceedings  and  debates  of  this  Convention  on  the  Con- 
stitution of  the  Confederate  States  of  America,  and  the 
Journal  of  this  Convention  of  its  proceedings  thereon,  shall 
be  published  under  the  supervision  of  the  President  of  this 
Convention,  so  soon  as  the  injunction  of  Becrecy  shall  be 
removed  from  the  proceedings  and  debates  of  the  Conven- 
tion of  the  States  assembled  at  Montgomery,  which  formed 
said  Constitution. 

On  motion  of  Mr.  Simons  it  was 

Ordered,  That  the  "  Ordinance  to  ratify  the  Constitution 
of  the  Confederate  States  of  America."  be  referred  to  the 
Committee  on  Engrossed  Ordinances,  and  be  ratified  by  the 
signature  of  the  President,  and  attested  by  the  Clerk  of  the 
Convention,  under  the  great  seal  of  the  State. 

The  Convention  resumed  the  consideration  of  the  resolu- 
tions (by  Mr.  Inglis)  suggesting  amendments  to  the  Consti- 
tution of  the  Confederate  States;  and  the  following  amend- 
ment thereto,  offered  by  Mr.  R.  X.  Gourdin  : 

To  amend  the  eighth  section  of  the  first  Article  by  insert- 
ing after  the  word  "  but,"  on  the  seventh  line,  the  follow- 
ing :  "The  duty  imposed  on  all  articles  taxed,  shall  be  uni- 
form, and  shall  not,  in  time  of  peace,  exceed  fifteen  per 
cent,  ad  valorem,  at  the  place  of  export." 

Mr.  Mazyck  offered  the  following  amendment: 

To  amend  the  ninth  section  by  altering  the  sixth  clause 
thereof,  so  as  to  read  as  follows  :  "  No  tax  or  duty  shall  be 
laid  on   articles   exported   from  any    State  ;    nor   shall  any 


J01  RNAL    "V    Till- 


(lnt\-  on  imports  aleeed  one-tenth  of  the  value  of  the  article 

on  which  it  is  laid.** 

Mr.  Adams  moved  that  the  amendments  be  ordered  to 
lie  on  the  table  ;  and  the  question  being  put,  will  the  Con- 
vention agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  85  :  nays,  ;V2. 
The  yeas  and  nays  were  demanded,  and  are  as  follows  > 
Those  who  voted  in  the  affirmative  are  : 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.   Adams. 
Allison. 

Appleby, 

Atkinson. 

Barnwell, 

Barron, 

Barton, 

Beaty, 

Bobo, 

Brown,  A.  H. 

Buchanan*, 

Cam. 

Carlisle, 

Carroll. 

( 'ailthen, 

( iheves, 
( Jonner, 
Crawford, 
I  >arby, 
I  teSaussure, 

1  )c  Treville, 

Duncan, 

Dunkiu, 

DUnovant,  R.  G.  M. 

Easley, 

Ellis, 

English, 

Evans, 

Pair, 

Foster, 

Frampton, 

<  Darlington, 


( Iciger, 

Gist, 

( l-oodwin, 

Gonrdin,  T.  L. 

Gregg,  William 

Grisham, 

Eammond, 

Earllee, 

1  lononr, 

I  Innter, 

Inglis, 

Jackson, 

Jefi'eries, 
Johnson. 
Kershaw, 

Cilgore, 

Kinard, 
Landrum, 

Lewis, 

Mclver, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Means, 

Noble, 

Xowell, 

Ollear, 

Parker, 

Perrin, 

Rainey, 

Reed, 


Convention  of  1861. 


267 


Robinson, 
Howell, 

Shingler,  J.  M. 
Shingler,  W.  P. 

Simpson, 

Smith,  Thomas 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 


Thomson,  Thomas 

Tompkins, 

Wardlaw,  D.  L. 

Watts, 

Wier, 

Whitner, 

Wilson,  I.  D. 

Wilson,  W.  B. 

Withers, 


Young. 


Those  who  voted  in  the  negative  are 


Messrs.  Aver, 

Bellinger, 

Brabham, 

Brown,  C.  P. 

Cain, 

Calhoun, 

Caldwell, 

Campbell, 

Clarke, 

Davantj 

Du  Pre, 

Find, 

Furman, 

G-lover, 

Gourdin,  R.  K 

Gregg,  Maxey 

Hanckel, 

Harrison, 

Hayne, 

Henderson, 

llutson, 

Jenkins,  John 

Jenkins,  J.  E. 

Keitt, 

Kinsler, 

McCrady, 


McLeod, 
Mantgault, 
Mazyck, 

Middleton,  J.  Izard 
Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Orr, 

Palmer, 

Quattlebaiim, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Simons, 

Smith,  J.  J.  P. 

Snowden, 

Spain, 

Spratt, 

Townsend, 

Wannamaker, 

Williams, 

Wilson,  J.  II. 


Mr.  John  I.  Middleton  offered  the  following  amendment : 

To  amend  the  tenth  section  of  the  first  Article  by  striking 

out  from  the  third  clause  thereof,  after  the  word  "State," 

the  words  "  keep  troops  or  ships  of  war  in  time  of  peace," 

so  that  the  clause  may  read  : 


268  .l"l!;N  \\.    OF    THE 

:'..  v.  State  Bhall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessel^  for  tlie 
improvement  of  its  rivers  and  harbors  navigated  by  the  said 
a  :  but  such  duties  shall  not  conflicl  with  any  treaties 
nl*  the  Confederate  states  with  foreign  nations,  ami  any  sur- 
plus revenue  thus  derived  shall,  after  making  such  improve- 
ments, be  paid  into  the  common  treasury,  nor  shall  any 
State  enter  into  any  compact  or  agreement  with  another 
State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay  :  hut  when  any  river  divides  or  flows  through 
two  or  more  States,  they  may  enter  into  compacts  \vith  each 
other  to  improve  the  navigation  thereof. 

Mr.  Miles  moved  that  the  amendment  he  ordered  to  lie 
on  the  table,  and  the  question  heing  put,  will  the  Conven- 
tion agree  thereto?  it  passed  in  the  affirmative. 

Yeas,  124  ;  nays,  15. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 

lion.  1>.  P.Jamison,  President ;  and 

Messrs.  Adams,  Caughman, 

Allison,  Cauthen, 

Applehy,  (.  neves, 

Atkinson,  Conner, 

Aver,  Crawford, 

Barnwell,  Darby, 

Barron,  Davis, 

Barton,  !>•'  Saussure, 

Beaty,  DeTreville, 

Bellinger,  Duncan, 

Bobo,  Dunkin, 

Brabham,  Dunovant,  R.  G.  M. 

l>rown,  A.  II.  Du  Pre, 

Buchanan,  Easley, 

Calhoun,  Ellis, 

Caldwell,  English, 

Campbell,  Evans, 

Cam,  Fair, 

Carlisle,  Find, 

Carroll,  Foster, 


Convention  of  1861. 


l^:* 


Frarapton, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  H.  X. 

Gourdin,  T.  L. 

Gregg,  William 

Hammond, 

llarllee, 

Harrison, 

Hayne, 

Honour, 

Hunter, 

Inglis, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Land  rum, 

Lewis, 

McCrady, 

Mclver, 

M  eKee, 

MeLeod, 

Magrath, 

Manigault, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Means, 

Miles. 

Moore, 

Moorman, 

Noble, 


Nbwell, 
O'Hear, 

Orr, 
Palmer, 
Parker, 
Perrin, 

Quattlebaum, 

Rainey, 

Reed/ 

lihett, 

Rhodes, 

Robinson, 

Rowell, 

Scott, 

Beabrook,  E.  M. 

Sessions. 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simon-. 

Simpson, 

Smith,  Thomas 

Snowden, 

Spain, 

Springs, 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins. 

Townsend, 

Wannamaker, 

Ward  law,  I).  L. 

Wardlaw,  F.  II. 

Watts, 

Wier, 

Whitner, 

Wilson,  I.  D. 

Wilson,  W.  B. 

Withers, 

Young. 


270  Journal  of  the 

Those  who  voted  in  the  negative  are: 

Messrs.  Brown,  C.  P.                           Midclleton,  J.  Izard 

Clarke  Middleton,  W. 

Davant,  Richardson,  F.  D. 

Forster,  Smith,  J.  J.  P. 

Eutson,  Spratt, 

Jenkins,  John  Williams, 

Kinsler,  Wilson,  J.  II. 
Ma/.V'-k, 

Mr.  Mazyck  offered  the  following  amendments  : 
To  amend  the  ninth    section   by   adding  the  following 
clauses,  viz  : 

1.  All  taxes,  other  than  duties  and  excises  and  imposts 
upon  the  sale  or  letting  of  commodities,  or  the  performance 
of  service  for  hire,  shall  he  deemed  direct  taxes. 

2.  The  power  of  Congress  to  regulate  commerce  shall 
not  be  understood  to  authorize  the  prohibition  or  suppres- 
sion of  any  branch  of  commerce. 

To  amend  the  tenth  section  of  the  first  Article,  by  adding 
thereto  the  following  clause,  viz: 

"  Nothing  in  this  Constitution  shall  be  understood  to  take 
away  <>r  a  I  nidge  the  power  of  the  several  States  to  pro- 
hibit the  importation  or  introduction  of  such  persons  or 
things  as  they  may  respectively  think  proper  to  exclude." 

Mr.  Withers  moved  that  the  amendments  be  ordered  to 
lie  an  the  table  ;  and  the  question  being  put,  will  the  Con- 
vention agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  115  ;  nays,  2<>. 
The  yeas  and  naye  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are  : 

lion.  1).  F.  Jamison,  President ;  and 
Messrs.  Adams,  Barron, 

Allison,  Barton, 

Appleby,  JJeatv, 

Atkinson,  liethea, 

Aver,  Bellinger, 

Barnwell,  Bobo, 


Convention  of  1861. 


271 


Brabham, 

Brown,  A.  H. 

Calhoun, 

Campbell, 

Carlisle, 

Carroll, 

Caughman, 

Cauthen, 

Chesnut, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Darby, 

Davis, 

De  Treville, 

Duncan, 

Dnnkin, 

DuPre, 

Easley, 

Ellis, 

English, 

Evans, 

Fair, 

Foster, 

Ffampton, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N". 

Gourdin,  T.  L. 

Gregg,  William 

Hammond, 

Hanckel, 

Harllee, 

Harrison, 

Hay  no. 

Honour, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 


Jefieries, 

Jenkins,  J.  E. 

Johnson. 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

L  an  drum, 

McCrady, 

Mclvee, 

MoLeod, 

Magrath, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Moans, 

Moore, 

Moorman, 

Noble, 

Nbwell, 

OTIear, 

Orr, 

Palmer, 

Parker, 

Porcher, 

Quattlebaum, 

Rainey, 

Reed," 

Rhodes. 

Robinson, 

Rowell, 

Scott. 

Sessions. 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smith,  Thomas 

Springs. 

Stokes, 

Sims, 

Thompson,  R.  A. 

Thomson,  Thomas 

Tinimons, 


272  Journal  01  bhi 

Tompkins,  Whitner, 

Townsend,  Wilson,  [«  1>. 

Wannamaker,  Wilson,  J.  II. 

Wardlaw,  W.  II.  Wilson,  W.  B. 

Watts,  Withers, 

Wier.  Young. 

Those  who  voted  in  the  negative  are  : 

Messrs.Brown,  C.  P.  Mazyck, 

Buchanan,  Middleton,  J.  Izard 

Cain,  Middleton,  W. 

Caldwell,  Miles, 

Davant,  Richardson,  F.  D. 

Find,  Smith,  J.J.  P. 

Gregg,  Maxcy  Snowden, 

Jenkins,  John  Spain, 

Kinsler,  Hpratt, 

Manigault,  Williams. 

Mr.  Orr  offered  the  following  amendment,  which  was 
agreed  to  : 

Si  like  out  the  second  clause  of  the  eighth  section  of  the 
firsl   A.rticle,  and  insert : 

"The  Congress  shall  not  contract  any  debt,  except  for 
war  purposes,  and  all  expenditures  in  excess  of  revenues 
from  imports,  which  shall  not  exceed  fifteen  per  cent,  ad 
valorem,  and  other  services,  shall  he  met  by  direct  taxation, 
to  hi'  provided  for  by  the  Congress  authorizing  the  expen- 
diture." 

Mr..!.  Izard  M  iddlelon  offered  the  following  amendment: 

To  amend  the  sixth  elause  of  the  sixth  A  rticle,  by  adding 
at  the  close  thereof  the  following  words:  "And  all  the 
powers  hereinbefore  delegated  to  the  Confederate  States, 
may,  at  any  time,  be  resumed  by  any  one  of  them,"  so  that 
the  clause  may  read : 

G.  The  [towers  not  delegated  to  the  Confederate  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States  respectively^  or  to  the  people  thereof. 


Convention  of  1861. 


273 


And  all  the  powers  hereinbefore  delegated  to  the  Confede- 
rate States,  may,  at  any  time,  be  resumed  by  any  one  of 
them. 

Mr.  Reed  moved  that  the  amendment  be  ordered  to  lie 
on  the  table,  and  the  question  being  put,  will  the  Conven- 
tion agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  114;  nays,  12. 

The  yeas  and  nays  were  demanded  and  are  as  follows: 

Those  who  voted  in  the  affirmative  are: 


lion.  D.  F. 
Messrs.  Adams, 
Allison, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Bobo, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Cain, 
Calhoun, 
Carlisle, 
Carroll, 
Caughman, 
Cauthen, 
Conner, 
Crawford, 
Darby, 
Davant, 
De  Saussure, 
])e  Treville, 
Dnnkin, 
Du  Pre, 
Easlev, 
Ellis," 
English, 
Evans, 
Fair, 

18 


Jamison,  President;  and 
Flud, 
Foster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Gist, 
Glover, 

Gourdin,  R.  N. 
Gregg,  William 
Hammond, 
Hanckel, 
Ilarllee, 
Harrison, 
Hajne, 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  J.  E. 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Landrum, 
Lewis, 
McCrady, 
Mclver, 


274 


Journal  of  ttie 


MrK 

Scott. 

McLeod, 

Sessions, 

Magrath, 

Shingler,  J.  M. 

Manigault, 

Simons,               • 

Mauldin, 

Simpson, 

Maxwell, 

Smith,  Thomas 

M  nvcs, 

Snowden, 

Means, 

Spain, 

Miles, 

Springs, 

Moore, 

Stokes, 

Noble, 

Sims, 

Nowellj 

Thompson,  ft.  A. 

Oil  ear, 

Thompson,  Thomas 

On-. 

Timmons, 

Parker, 

Tompkins, 

Perrin, 

Townsend, 

Pope, 

Wagner, 

Porcher, 

Wardlaw,  D.  L. 

Quattlebaum, 

Wardlaw,  F,  II. 

IJainey, 

Watts, 

Reed, 

Wier, 

Rhodes, 

Williams, 

Richardson,  F.  D. 

Withers, 

Richardson,  J.  P. 

Woods, 

Robinson, 

Young. 

Rowel  1, 

Those  who  voted  in  the  negative  arc : 
Messrs.  Buchanan,  Manning, 


Caldwell, 
Gregg,  Maxcy 
1  [enderson, 
Jenkins,  John 
Kinsler, 


Middleton,  J.  Izard 
Moorman, 
Palmer, 
Smith,  J.  J.  P. 
Wilson,  J.  II. 


The  question  being  put,  will  the  Convention  agree  to  the 
resolutions?  it  passed  in  the  affirmative  : 
Yeas,  117  ;  nays,  15. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are: 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Adams,  Barnwell, 

Allison,  Barron, 

Atkinson,  Barton, 


Convention  of  1861. 


275 


Beaty, 

Bethea, 

Bellinger, 

Brabham, 

Brown,  A.  H. 

Brown,  C.  P. 

Buchanan, 

Cain, 

Calhoun, 

Caldwell, 

Carroll, 

Caughman, 

Can  then, 

Clarke, 

Conner, 

Darby, 

Davant, 

De  Sanssure, 

De  Treville, 

Duncan, 

Dunkin, 

DuPre, 

Ellis, 

English, 

Evans, 

Fair, 

Find, 

Frampton, 

Eurman, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gregg,  Maxcy 

Gregg,  William 

Hammond, 

Ilanckel, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 


Jackson, 

Jeffries, 

Jenkins,  John 

Jenkins,  J.  E. 

Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Maxwell, 

Mayes, 

Means, 

Middlcton,  J.  Izard 

Middleton,  W. 

Miles, 

Moore, 

Moorman, 

Noble, 

Now  ell, 

O'Hcar, 

Palmer, 

Parker, 

Pope, 

Porch  er, 

Quattlebaum, 

Rainey, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Row  ell, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 


276  Journal  of  tiik 

Smith,  J.  J.  P.  Wa-n.T. 

Smith,  Thomas  Wardlaw,  I>.  L. 

Snowden,  Wardlaw,  F.  1 1. 

Spain.  Watts. 

Bprings,  Wier. 

Stokes,  Williams. 

Sims,  Wilson    J,  II. 

Thompson,  11.  A.  Withers, 

Thomson,  Thomas  Woods, 

Timmons,  Young. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Bobo,  Manning, 

Carlisle,  Mauldin, 

Chesnut,  Orr, 

Easley,  Perrin, 

Foster,  Reed, 

Earllee,  Tompkins, 

Harrison,  Wilson,  I.  D. 
Johnson, 

Mr.  Inglis  offered  the  following  resolution,  whieh  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  resolution  just  adopted  by  this  Con- 
vention, declaring  that  the  State  of  South  Carolina  ought 
hereafter  to  demand  a  Convention  of  all  the  States  to  con* 
Bider  certain  amendments  to  the  Federal  Constitution 
therein  specified,  he  committed  to  the  Committee  on  En- 
grossed Ordinances  to  be  engrossed,  and  that  an  authen- 
ticated copy  thereof  he  transmitted,  with  the  Ordinance 
ratifying  the  Federal  Constitution,  to  the  Congress  of  the 
Confederate  States. 

Mr.  McCrady  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  a  Committee  of  four  be  appointed  to  con- 
sider and  report  whether  any,  and  if  any,  what  measures 
ought  to  be  adopted  for  the  protection  of  suitors  and  par- 
ties to  causes  pending  in  Court,  where  from  the  employ- 
ment of  their  attorneys,  solicitors  or  counsel   in  the  service 


Convention  of  1861.  277 

of  the  State,  irregularities  have  occurred,  which  by  the 
course  of  pleading  or  practice,  or  by  the  rules  of  the  various 
Courts  may  work  injury  to  them,  or  put  them  at  disadvant- 
age, or  leave  them  at  the  mercy  of  the  opposite  parties, 
their  counsel,  attorneys  or  solicitors. 

Whereupon  the  President  appointed  the  following  gen- 
tlemen of  the  Committee  : 

M<ssrs.  J.  N.  Whitner, 
T.  W.  Glover, 
J.  P.  Carroll, 
J.  A.  Inglis. 

Mr.  Buchanan  asked  to  record  the  vote  he  would  have 
given,  if  present,  on  an  Ordinance  to  ratify  the  Constitution 
of  the  Confederate  States  of  America,  and  Mr.  Buchanan 
being  called,  answered  "aye' 

Mr.  W.  V.  Shingler  asked  to  record  the  vote  he  would 
have  given,  if  present,  on  an  Ordinance  to  ratify  the  Con- 
stitution of  the  Confederate  States  of  America,  and  Mr. 
Shingler  being  called,  answered  "'aye." 

Mr.  Chevea  asked  to  record  the  vote  he  would  have 
given,  if  present,  on  the  resolutions  suggesting  amend- 
ments to  the  Constitution  of  the  Confederate  States,  and 
Mr.  Chevea  being  called,  answered  "aye." 

Messrs.  Find,  Snowden,  Spain,  Williams,  Davant  and 
Hutson,  asked  leave  respectively,  to  change  their  votes  on 
an  Ordinance  to  ratify  the  Constitution  of  the  Confederate 
States  of  America;  and,  being  called  respectively,  answered 
"aye." 

On  motion  of  Mr.  Glover,  leave  of  absence  was  granted 
to  Mr.  Keitt,  on  account  of  sickness  in  his  family. 

On  motion  of  Mr.  Chesnut,  leave  of  absence  was  granted 
to  Mr.  Adams,  on  account  of  ill  health. 

On  motion  of  Mr.  Hutson,  leave  of  absence  was  granWU 
to  Mr.  Frampton  on  account  of  ill  health. 

On  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to 
Mr.  R.  A.  Thompson,  on  account  of  important  business. 


•2 7^  Journal  of  the 

On  motion  of  Mr.  Pope,  the  injunction  of  secresy  was 
removed  from  the  vote  on  the  ratification  of  the  Constitu- 
tion of  the  Confederate  States. 

<>ii  motion  of  Mr.  Ilarllec,  tlie  Convention  proceeded  to 
the  consideration  of  the  Report  of  the  Committee  on  the 
Military,  together  with  the  resolutions. 

The  first  and  second  resolutions  wen-  agreed  to. 

The  third  resolution  was  taken  up. 

Mr.  Orr  offered  the  following  amendment  to  the  third 
resolution  : 

Resolved,  That  it  is  the  sense  of  this  Convention,  thai  the 
sudden  call  which  was  gallantly  answered  by  the  First. 
Regiment  of  South  Carolina  Volunteers,  now  in  the  ser- 
vice, and  the  valuable  services  which  that  regiment  lias 
rendered,  give  it  a  just  claim  to  an  honorable  discharge  as 
soon  as  the  pressing  exigency  of  State  affairs  will,  in  the 
judgment  of  the  Governor,  permit;  but  that  if  it  should  be 
the  desire  of  the  said  regiment  to  prolong  its  service,  then 
it  shall 

On  motion  of  Mr.  I).  L.  Wardlaw,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be 
adjourned  to  meet  to-morrow  at  twelve  o'eloek,  M. 

Pending  the  consideration  of  the  amendment  offered  by 
Mr.  Orr, 

On  motion  of  Mr.  Bobo,  the  Convention  was  adjourned 
at  four  o'clock,  p.  m. 

B.  V\  Aimirk. 

<  'I, rk  of  the  Convention. 


SATURDAY,  APRIL  6,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  C.  Furman. 


Convention  of  1861. 


279 


The  Clerk  called  the  Roll, 
answered  to  their  names  : 

Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beatv, 
Bellinger, 
Bobo, 

Brown,  A.  II. 
Brown,  C.  P. 
Buchanan, 
Cain, 
Calhoun, 
Caldwell, 
Campbell, 
Carlisle, 
Carroll, 
Caughman, 
Charles, 
Cheves, 
Clarke, 
Darby, 
Davant, 
De  Saussure, 
De  Treville, 
Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
I)u  Pre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Find, 
Foster, 
Furman, 
Gadberry, 
<  rarlington, 
Geiger, 
Gist, 


and  the  following  Delegates 


Glover, 

Gourdin,  R.  K 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 

Hammond, 

Harllee, 

Harrison, 

Ilavne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kilgore, 

Kinsler, 

Land  rum, 

Lewis, 

Logan, 

McCrady, 

Mclver," 

M  cKee, 

McLeod, 

Manigault, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 


280 


JuniXAI,    OF   Tnn 


Orr, 

Spain, 

Palmer, 

Spratt, 

Parker. 

Springs, 

Perrin, 

St  nkes. 

Porcher, 

Sims, 

Pressley, 

Thomson,  Thomas 

Quattleoanir 

», 

Timmons, 

Reed, 

Townsend, 

Rhett, 

Wardlaw,  D.  L. 

Rhodes, 

Wardlaw,  V.  II. 

Robinson, 

Wannamaker, 

Scott, 

Watts, 

Sessions, 

Wier, 

Shingler,  J. 

M. 

Whitner, 

Shingler,  W 

.  P. 

Williams, 

Simons, 

Wilson,  J.  II. 

Simpson, 

Wilson,  W.  B. 

Sin vlv. 

Withers, 

Smith,  -I.  J. 

P. 

Woods, 

Smith,  Thomas, 

Young. 

Snowden, 

Mr.  Quattlebaum  presented  the  Report  of  the  Committee 
on  Printing,  in  relation  to  printing  the  journals  of  the 
Convention,  &c.  :  which  Mas  ordered  to  lie  on  the  table,  to 
be  taken  up  in  connection  with  the  Report  of  the  Engross- 
ing Committee  on  the  same  subject. 

Mr.  Rhett  asked  leave  to  give  the  vote  he  would  have 
given,  if  present,  on  certain  resolutions  adopted  yesterday, 
suggesting  amendments  to  the  Constitution  of  the  Confed- 
erate States  of  America  ;  and  Mr.  Rhett  being  called, 
answered  "  aye." 

On  motion  of  Mr.  Ayer,  leave  of  absence  was  granted  to 
Mr.  Stokes  on  account  of  indisposition. 

Mr.  Thomas  Thomson  offered  the  following  resolutions, 
which  were  considered  immediately,  and  were  agreed  to: 

Resolved,  That  the  President  of  this  Convention  is  au- 
thorized and  directed  to  issue  his  warrants  upon  the  Treas- 
ury, in  the  usual  form,  for  the  payment  of  all  sums  of 
money  allowed  by  the  Convention. 

Resolved,   That  the  Clerk,  Messenger,  Door-keeper  and 


Convention  of  1861.  281 

Engrossing  Clerks  of  the  Convention  receive,  severally,  as 
compensation  for  their  services,  during  the  present  sitting 
thereof,  the  same  rate  of  payment,  in  proportion  to  the  time 
they  serve,  as  is  allowed  the  same  officers  of  the  House  of 
Representatives  of  this  State. 

Resolved,  That  the  President  of  the  Convention  is  au- 
thorized and  directed  to  draw  his  warrant  upon  the  Treas- 
ury for  whatever  sum  may  be  reported  to  him  by  the  Clerk 
as  due  for  stationery,  and  any  expenses  incidental  to  his 
office,  not  otherwise  directed  to  he  paid  by  the  Convention. 

Mr.  Thomas  Thomson  offered  the  following  resolution, 
which  was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  sundry  articles  of  furniture,  now  in 
St.  Andrew's  Hall,  purchased  and  used  by  the  Convention, 
he  placed  at  the  disposal  and  for  the  use  of  St.  Andrew's 

Society. 

Mr.  Gadberry  asked  leave  to  record  the  vote  he  would 
have  given,  if  present,  on  certain  resolutions  suggesting 
amendments  to  the  Constitution  of  the  Confederate  States; 
and  Mr.  Gadberry  heing  called,  answered  "aye" 

Mr.  Logan  asked  to  record  the  vote  he  would  have  given, 
if  present,  on  certain  resolutions  suggesting  amendments 
to  the  Constitution  of  the  Confederate  States  of  America  ; 
and  Mr.  Logan  being  called,  answered  "aye." 

Mr.  Charles  asked  to  record  the  vote  he  would  have 
given,  if  present,  on  certain  resolutions  suggesting  amend- 
ments to  the  Constitution  of  the  Confederate  States  of 
America;  and  Mr.  Charles  heing  called,  answered  "aye." 

Mr.  Campbell  asked  leave  to  record  the  vote  he  would 
have  given,  if  present,  on  certain  resolutions  suggesting 
amendments  to  the  Constitution  of  the  Confederate  States 
of  America;  and  Mr.  Campbell  heing  called,  answered 
"  aye." 

Mr.  W.  P.  Shingler  asked  leave  to  record  the  vote  he 
would  have  given,  if  present,  on  certain  resolutions  sug- 


282  Journal  of  Tin: 

greeting  amendments  to  the  Constitution  of  the  Confederate 
States  of  America;  and  Mr.  Shingler  being  called,  answered  . 
"  aye." 

Mr.  Withers  offered  the  following  resolution,  which  was 
ordered  to  lie  on  the  table : 

Resolved,  That  in  case  a  vacancy  shall  arise,  from  any 
cause,  in  the  delegation  from  this  State  to  the  Congress  of 
tin.'  Confederate  States  of  America,  the  Governor  of  this 
State  be,  and  he  is  hereby,  authorized  to  supply  such  va- 
cancy by  appointment,  should  he  think  lit. 

On  motion  of  Mr.  J.  I.  Middleton,  the  Convention  went 
into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  Report 
of  the  Committee  on  the  Military  and  the  accompanying 
resolutions,  together  with  the  amendment  thereto,  offered 
by  Mr.  Orr. 

Mr.  Orr  withdrew  his  amendment. 

Mr.  Perrin  offered  the  following  amendment,  which  was 
agreed  to  : 

Resolved,  That  it  is  the  Bense  of  this  Convention  that  the 
sudden  call  which  was  gallantly  answered  by  the  first  Regi- 
ment of  South  Carolina  Volunteers,  now  in  the  service, 
and  the  valuable  services  which  that  regiment  has  rendered, 
give  it  a  just  claim  to  an  honorable  discharge  as  soon  as  the 
pressing  exigency  of  State  affairs  will,  in  the  judgment  of 
the  Governor,  permit;  but  that  if  it  should  be  the  desire 
of  the  said  Regiment  to  prolong  its  service,  then  it  shall  — 

The  resolution,  as  amended,  was  agreed  to. 

The  remaining  resolutions  of  the  series  were  agreed  to  ; 
and  were  ordered  to  be  engrossed,  and  to  be  signed  by  the 
President  and  the  Clerk. 

The  Convention  proceeded  to   the  consideration   of  an 


Convention  of  1861.  283 

Ordinance  to  ratify  the  Provisional  Constitution  and  Gov- 
ernment of  the  Confederate  States  of  America;  which  was 
unanimously  agreed  to,  and  was  ordered  to  be  engrossed, 
and  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  grunted 
to  Mr.  English,  on  account  of  urgent  professional  business 
of  a  public  nature. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  granted 
to  Mr.  Mayes,  on  account  of  indisposition. 

<>n  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to 
Mr.  Lewis,  on  account  of  sickness  in  his  family. 

Mr.  Manigault  offered  the  following  resolution,  which 
was  considered  immediately,  and  was  agreed  to  : 

Jiesolrcd,  That  the  Colonels  of  the -Regiments  which  have 
volunteered  their  services  to  the  State,  •-hall  not  be  required 
to  give  bonds  for  the  safe  keeping  of  arms  issued  to  their 
respective  Regiments,  and  to  take  similar  bonds  from  the 
Captains  under  their  command. 

Mi-.  Simons,  from  the  Committee  on  Engrossed  Ordi- 
nances, presented  the  following  Report,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

The  Committee  on  Engrossed  Ordinances,  to  whom  it 
was  referred  : 

First,  to  enquire  and  report  "what  resolutions  and  orders 
of  the  Convention,  passed  in  secret  session,  and  how  much 
and  what  portion  of  the  secret  journal  may  now  he  made 
public  without  impropriety  :"  and 

Secondly,  to  consider  and  report  upon  the  following  res- 
olution, to  wit :  "Resolcc,/,  That  the  injunction  of  secrecy 
be  removed  from  the  proceedings  and  debates  of  this  Con- 
vention on  the  Constitution  of  the  Confederate  States  of 
America  :  and  that  the  journals  of  this  Convention  and  of 
its  proceedings  thereon,  shall  be  published  under  the  super- 
vision of  the  President  of  this  Convention,  so  soon  as  the 
injunction  of  secrecy  shall  be  removed  from  the  proceed- 


•_>  1  .Tof  It  NAT.    OF    THE 

inga  and  debates  of  the  Convention  of  the  Congress  assem- 
bled  at  Montgomery,  which  formed  said  Constitution," 
having  considered  these  matters,  beg  have  to 

Report  : 

That  they  were  attended  by  the  Clerk  of  the  Convention^ 
and  with  him  carefully  and  minutely  perused  the  journals 
of  the  secret  sessions  of  this  body,  from  the  22d  day  of 
December,  A.  D.  1860,  when  the  Convention  first  sat  with 
closed  doors,  until  the  present  time.  They  find  that  the 
injunction  of  secrecy  has  already  been  removed  from  the 
Ordinances  and  the  more  important  resolutions  which  have 
been  adopted.  Your  Committee  cannot  say  that  the  re- 
moval of  the  injunction  of  secrecy  from  the  remainder  of 
the  transactions  of  the  Convention,  and  their  consequent 
publication  is  either  improper  or  incompatible  with  the 
public  interests. 

There  arc  a  class  of  resolutions,  the  publication  of  which) 
it  was  objected  in  the  Committee,  might  give  rise  to  a  mis- 
COnceptiou  of  tin'  real  views,  and  a  misconstruction  of  the 
true  action  of  this  body.  To  these  the  attention  of  the 
(  .invention  is  invited. 

( )n  the  -JTth  dav  of  I  December  of  the  last  year,  the  morn- 
ing alter  Major  Anderson  had,  under  cover  of  the  night, 
dismantled  and  abandoned  Fort  Moultrie,  and  taken  mili- 
tary and  hostile  occupation  of  Fort  Sumter,  a  Delegate 
oflered  the  following  resolution  : 

"  Resolved,  That  it  is  the  sense  of  this  Convention,  thai 
the  occupation  of  Fort  Sumter  ought  at  once  to  he  regarded 
as  an  authorized  occupation,  and  vigorous  military  defences 
provided  immediately  :"  which  was  ordered  to  lie  on  the 

table;  Many  other  resolutions  to  the  same  effect  were, 
from  lime  t<>  time,  presented,  and  were  also  either  ordered 
to  lie  on  the  table  or  rejected.  To  remove  the  injunction 
of  secrecy,  and  publish  to  the  world  these  and  kindred  res- 
olutions, it  was  suggested  might  lead  to  the  idea  that  the 
( lonvention  had,  by  their  action  on  them,  declined  to  enter- 
tain. <>r  assert,  and  perhaps  had  denied,  the  principles  therein 


Convention  of  1861.  285 

declared,  and  had  thus  placed  themselves  somewhat  in  op- 
position to  the  views  expressed  in  their  behalf  by  our  Com- 
missioners to  the  Government  at  "Washington. 

In  this  view  your  Committee  do  not  concur.  It  is  well 
known  to  the  members  of  this  body,  that  in  truth  and  in 
fact,  the  Convention  intended  thereby  to  express  no  opinion 
as  to  the  authority  and  character  of  Major  Anderson's  occu- 
pation, the  same  not  having  been  then,  as  yet,  affirmed, 
denied  or  adopted  by  the  then  Administration,  and  our 
Commissioners  having,  at  that  time,  this,  with  other  com- 
plicated and  delicate  questions,  for  explanation  and,  if  pos- 
sible, for  adjustment.  The  reasons  thus  indicated,  which 
induced  the  action  of  the  Convention,  do  not,  it  is  true, 
appear  on  the  face  of  the  journal  or  accompany  the  record  ; 
but  this  may  be  said  of  the  proceedings  in  all  legislative 
bodies,  and  which,  therefore,  at  last,  must,  in  a  great  meas- 
ure, depend  upon  contemporaneous  history  for  their  expla- 
nation and  vindication. 

Jn  reference  to  the  publication  of  the  debates  on  the  sub- 
ject of  the  adoption  of  the  Constitution  of  the  Confederate 
States  of  America,  your  Committee  do  not  perceive  how 
the  same  could  lie  done  under  the  authority  of  this  body, 
as  no  official  record  of  them  was  kept  under  its  directions. 
They  would,  therefore,  recommend  the  adoption  of  the  fol- 
lowing resolutions  : 

1.  Resolved^  That  the  injunction  of  secrecy  be  removed 
from  all  the  transactions  of  this  Convention  in  secret  ses- 
sion, except  in  relation  to  the  deflates  on  the  Constitution 
of  the  Confederate  States  of  America,  and  the  matter  this 
day  directed  by  the  Convention  to  he  kept  secret. 

2.  Resolved,  That  as  soon  as  the  injunction  of  secrecy 
shall  be  removed  from  the  proceedings  and  debates  of  the 
Convention  of  Delegates,  lately  assembled  at  Montgomery, 
the  injunction  of  secrecy  shall  likewise  be  removed  from 
the  debates  of  this  Convention  on  the  Constitution  sub- 
mitted for  the  Confederate  States  of  America. 

3.  Resolved,  That   five  hundred   copies  of   the  journal, 


286  Journal  of  tem 

public  and  secret,  and  of  the  reports,  resolutions  and  trans- 
actions of  this  Convention  be  printed,  and  separately  five 
hundred  copies  in  the  following  order-: 

1.  All  the  Ordinances  passed  by  the  Convention,  in  the 
order  of  time,  (except  the  Ordinance  of  Ratification;)  to- 
gether with 

•J.  The  Bills  to  amend  the  Constitution  of  this  State,  rat- 
ified during  the  late  session  of  the  Genera]  Assembly. 

3.  The  Resolutions  for  engrossing  the  Constitution. 

4.  The  Constitution  of  the  State  as  engrossed. 

5.  The  Constitution  of  the  Provisional  Government  of 
the  Confederate  States  of  America. 

6.  The  Constitution  of  the  Confederate  States  of  America. 

7.  The  Ordinance  ^i'  Ratification. 

8.  Tin-  Resolutions  suggesting^amendments. 

And  that  the  same  he  distributed  as  follows: 
For  the  Executive,,  1<>  copies;  for  the  Legislative  Library 
of  the  Congress  at  Montgomery,  5  copies:  for  the  Legisla- 
tive Library  ;it  Columbia,  5  copies;  for  the  Libraries  of  the 
Court  of  Appeals  at  Columbia  and  Charleston,  each  § 
copies ;  for  the  members  of  the  Convention,  and  members 
of  the  <  General  Assembly  of  the  State,  each  1  copy ;  for  the 
Governors  of  the  several  Confederate  States,  each  1  copy; 
for  the  chief  Justice  and  Associate  Justices  of  the  Court 
of  Appeals,  and  for  the  Chancellors  and  Judges  of  the 
State,  each  1  copy  ;  for  the  College  and  various  public  Li- 
braries in  the  State,  each  1  copy:  for  the  Attorney  General, 
Solicitors,  Secretary  of  State,  Surveyor  General  and  Treas- 
urers of  the  Upper  and  Lower  Division,  each  1  copy  for 
the  use  of  their  respective  offices  ;  and  that  the  residue  be 
distributed  under  the  direction  of  tin'  President  of  this 
Convention.    . 

All  of  which  is  respectfully  submitted. 

Thomas  Y.  Simons,   Chairman. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to 
M  r.  Watts,  on  account  of  important  business. 


Convention  of  1861.  287 

An  Ordinance,  ceding  the  possession  of  the  Forts,  Arse- 
nals, &c,  to  the  Confederate  States  of  America,  (reported 
by  the  Committee  on  Relations  with  the  shareholding  States 
of  North  America,)  was  taken  up;  and,  on  motion  of  Mr. 
Pope,  was  made  the  special  order  of  the  day  for  Monday 
next,  at  eleven  o'clock,  a.  m. 

On  motion  of  Mr.  Bobo,  leave  of  absence  was  granted  to 
Mr.  Landrum,  on  account  of  important  professional  busi- 
ness. 

Mr.  IIa\  ne  offered  the  following  resolution,  which  was 
ordered  for  consideration  on  Monday  next: 

JResolrcd,  That  the  President,  or  in  case  of  his  death  or 
absence  from  the  State,  any  one  of  a  Committee  of  three, 
now  to  be  appointed  by  him,  be  authorized  to  call  together 
this  Convention  at  such  time  and  place  as  may  be  deemed 
expedient,  whenever  the  exigency  of  public  affairs  or  the 
welfare  of  the  State  may  require:  Provided,  that  if  this 
Convention  is  not  called  together  before  the  first  day  of 
January,  1862,  said  Convention  shall,  on  that  day,  stand 
adjourned  sine  die, 

Mr.  Whitner  presented  the  following  Report,  which  was 
ordered  for  consideration  on  Monday  next: 

The  Special  Committee  appointed  to  "  consider  and  re- 
port whether  any,  and  if  any,  what  measures  ought  to  be 
adopted  for  the  protection  of  suitors  and  parties  to  causes 
pending  in  Court,"  under  circumstances  enumerated  in  the 
resolution  committed,  have  had  the  same  under  considera- 
tion, and  respectfully  report,  that  although  great  injury 
may  result  in  a  given  case,  such  as  seems  to  be  contempla- 
ted by  the  resolution,  from  a  stringent  application  of  the 
rules  of  the  various  Courts  in  this  State,  yet  the  Committee 
hesitate  to  enlarge  or  restrain  the  discretion  of  those  en- 
trusted with  the  administration  of  justice,  by  an  attempt  to 
direct  any  specific  mode  in  which  that  discretion  shall  be 
exercised,  even  under  exigencies  now  existing. 


288 


Journal  <>r  tiik 


On  motion  of  Mr.  Miles,  Leave  of  absfence  was  granted 
to  Mr.  Snowden,  on  accounl  <>t*  illness  on  his  plantation. 

On  motion  of  Mr.  Fair,  the  Convention  was  adjourned  at 
forty-five  minutes  past  tour  o'clock,  p.  m. 

B.  F.   AITI'IICR, 

dirk  <>/  tin   <  \,iu'i  niton. 


MONDAY  APRIL   8.   1861. 


At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  Daniel  Du  Pre. 

The  Clerk  called  the  Roll,  and  the  following  Delegates 
answered  to  their  names: 


Messrs.  Allison, 
I'.aiTon, 
l>caty, 
Bethea, 
Drown,  A.  II. 
Drown,  C.  1\ 
Buchanan, 
Burnet, 
Cain, 
( !alhoun, 
Caldwell, 
Campbell, 
( larlisle, 

( 'aughinan, 
( Jonner, 
Davant, 
Dunkin, 
Du  Pre, 
Kasley, 

Fvans, 

Fair, 

Flud, 

Foster, 

Furman, 


Garlington, 

Geiger, 
Glover, 

(Jourdin,  R.  K 
Gourdin,  T.  L. 

( iregg,  William 

I  [ammond, 

Earllee, 

Harrison, 

I  lendcrson, 

I  lutitcr, 

1  hit  son, 

Inglis, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Logan, 

McCrady, 

Mclver, 

McKee, 


Convention  of  18(51. 


289 


McLeod, 

Mauldin, 

Maxwell, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Moore, 

Moorman, 

Nowell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Quattlebaum, 

Reed, 

Rhodes, 

Robinson, 

Rowell, 

Seott, 


Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Spain, 

Spratt, 

Springs, 

Sims, 

Timmons, 

Townsend, 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  II. 

Withers, 

Woods, 

Young. 


The  Journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following 
communication;  which,  on  motion  of  Mr.  Quattlebaum, 
was  ordered  to  be  entered  on  the  Journal: 


To  the  Honorable,  (he  President,  and  Convention  of  the 

State  of  South  Carolina,  in  Charleston  assembled: 

Having  been  honored  by  your  body  with  an  appointment 
of  Commissioner  to  the  State  of  Texas,  with  instructions 
to  lay  before  her  Convention  an  Ordinance  of  the  State  of 
South  Carolina,  by  which  she  dissolved  all  connection  with 
the  Federal  Government  of  the  United  States,  &c,  I  beg 
leave  to  report  that,  as  early  as  practicable  after  I  received 
the  intelligence.  [  repaired  to  Austin,  having  but  meagre 
information  of  the  political  condition  of  the  State,  or 
whether  I  should  find  a  Convention,  authorized  to  control 
her  destinies,  and  able  to  overcome  the  opposition  of  her 
Executive,  who  was  known  to  entertain  inveterate  hostility 
to  secession,  and  everything  looking  to  resistance  to  Black 
I'.i 


Journal  of  thb 

Republican  dominion  in  the  country,  and  who  had  inter- 
every  obstacle  in  his  power  to  check  the  spirit,  and 
arrest  the  progress  of  the  people,  in  their  determination  to 
vindicate  the  safety  and  honor  of  the  State. 

Bui  1  was  greatly  gratified,  when  I  reached  the  scat  of 
government,  to  find  in  session,  both  the  Legislature  of  the 
.  and  a  Large  and  intelligenl  Convention  of  Delegates, 
acting  in  concert,  with  a  spirit,  wisdom  and  patriotism, 
which  i  hazard  nothing  in  saying,  would  do  honor  to  any 
State  on  the  continent. 

Their  Convention  was  the  result  of  a  spontaneous  up- 
rising of  the  people,  who  had  the  intelligence  to  under- 
stand their  rights,  and  the  spirit  to  maintain  them  against 
every  obstacle.  They  had  in  vain  exhausted  all  the  means 
in  their  power,  to  induce  the  Executive  to  convene  tin1 
Legislature,  to  call  a  Convention  hy  the  usual  forms  of 
law.  lie  not  only  refused,  bul  after  they  had  elected  Dele- 
to  their  Convention,  he  issued  his  proclamation  call- 
iug  the  Legislature  together,  as  is  generally  believed,  to 
defeat  the  objects  of  the  People's  Convention,  which  in  his 
message  to  the  Legislature,  he  denounced,  and  utterly 
repudiated  its  authority  to  act. 

The  Legislature  assembled  before  the  Convention,  and 
with  great  unanimity,  by  one  of  iis  fust  Acts,  legalized,  as 
jar   as    they    could    do.    the    election    of   Delegates   and    the 

authority  of  the  Convention  to  exercise  the  sovereignty  and 
will  of  the  people. 

As  the  Commissioner  from  the  State  of  South  Carolina, 
I  was  received  hy  that  high-spirited  and  patriotic  Conven- 
tion, in  a  manner  most  complimentary  to  our  Slate,  and 
gratifying  to  me,  ami  was  allowed  an  early  opportunity  to 
discharge  the  duties  of  my  mission. 

In  obedience  to  the  instructions  of  your  honorable  body, 
!  presented  the  Ordinance  of  Secession  of  our  State,  and 
other  accompanying  documents,  and  also  ,  wtod  them,  in 
the  event  of  their  secession,  to  unite  with  lis,  and  other 
seceding   Southern   States,  in  the  format',  a   Cont'ede* 


Convention  of  1861.  291 

racy,  and  with  that  view,  to  send  Delegates  to  a  Convention 
to  be  held  at  Montgomery. 

The  response  of  the  noble  State  of  Texas,  through  her  pa- 
triotic and  intelligent  representatives,  and  indeed,  through 
the  ballot  box,  by  the  people  themselves,  with  very  great 
unanimity,  is  too  well  known  to  your  honorable  body,  and 
to  the  country,  to  require  detailed  information  from  me. 
It  is  most  gratifying  to  know,  that  with  her  vast  and  rich 
domain,  with  resources,  when  developed,  sufficient  for 
empires,  with  millions  of  inhabitants,  though  opposed  at 
every  step,  by  the  legally  constituted  head  of  the  then 
Government  of  the  State,  in  the  person  of  her  eccentric 
Executive,  and  exposed  upon  her  entire  western  and  north- 
ern border  by  three  distinct  classes  of  most  unprincipled 
enemies,  to  wit:  Indians,  Mexicans,  and  Abolitionists,  she 
has  had  the  wisdom,  and  the  spirit  to  cast  from  her.  6  r- 
ever.  the  shackles  of  an  arrogant,  desolating  tyranny,  and 
unite  her  destinies  with  those  of  the  Confederate  States  of 
the  South,  where  I  trust  she  shall  be  estimated  according 
to  her  worth:  protected  as  she  evidently  deserves  to  be, 
and  never  again  be  united,  in  any  union  whatever,  with  a 
non-slaveholding  or  fanatical  people. 

All  of  which  is  respectfully  submitted. 

I  have  the  honor  to  be, 

Your  obedient  servant, 

JXO.  McQUEEN". 

April  5th,  1861. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances,  together  with  certain  resolutions; 
which  was  considered  immediately,  and  was  agreed  to. 

Mr.  Simons  offered  the  following  resolution;  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  President  of  this  Convention  be  author- 
ized to  draw  his  draft  on  the  Treasury,  countersigned  by 
the  Cashier,  tor  the  payment  of  the  gas  consumed  during 
the  session  of  this  Convention,  and  also  for  the  fees  of  the 
keeper  of  the  St.  Andrew's  Hall,  usual  and  customary. 


292  Journal  of  the 

Mr.  Simons  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  there  be  allowed  C.  D.  Melton,  Esq.,  the 
Solicitor  in  attendance  on  tin's  Convention,  the  same  per 
diem  and  mileage  as  is  allowed  to  the  members  of  the 
Convention;  and  that  the  President  of  this  Convention  be 
authorized  bo  draw  his  draft  on  the  Treasury,  countersigned 
by  the  Cashier,  for  the  Bame. 

Mr.  Thomson,  from  the  Committee  on  Accounts,  made 
the  following  Report  which  was  considered  immediately, 
and  was  agreed  to  : 

The  Committee  on  Accounts,  to  whom  was  referred  the 
account  of  Gilbert  &  Darr,  for  advertising,  ask  leave  to 
report  that  they  have  no  objection  to  the  claim  presented. 
As  this,  however,  is  the  only  claim  for  advertising  of  which 
payment  is  asked,  your  Committee  arc  of  opinion  that  such 
claims,  which  may  be  numerous,  may  be,  with  propriety, 
referred  to  the  Legislature;  and  recommend  the  adoption 
of  the  following  resolution: 

Resolved,  That  accounts  for  advertising  the  assembling 
and  re-assembling  of  the  Convention,  be  referred  to  the 
consideration  of  the  Legislature;  and  that  payment,  if 
allowed,  be  made  according  to  the  rules  and  practice  of 
that  body. 

Mr.   Thomas  Thomson  offered  the  following  resolution, 

which  was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  B.  S.  Baruc  he  paid,  for  engrossing  on 
parchment  the  Constitution  of  this  State  and  materials 
used,  the  sum  of  $168. 

On  motion  of  Mr.  Dunkin,  the  vote  by  which  the  Report 
of  the  Committee  on  Engrossed  Ordinances,  and  the  accom- 
panying resolutions,  were  agreed  to,  was  reconsidered,  and 


Convention  of  1861.  293 

on  motion  of  Mr.  Mclver,  the  Report  and  Resolutions  were 
recommitted  to  the  Committee. 

An  Ordinance  to  repeal  in  part  and  alter  in  part  the 
Ordinance,  entitled  "An  Ordinance  to  amend  the  Consti- 
tution of  the  State  of  South  Carolina,  in  respect  to  the 
Executive  Department,"  was  agreed  to,  and  was  ordered  to 
be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Townsend,  the  Convention  went  into 
secret  session,  and  after  some  time  passed  therein,  the  doors 
were  opened. 

On  motion  of  Mr.  A.  II.  Brown,  the  Convention  pro- 
ceeded to  the  consideration  of  the  following  Resolution : 

Resolved,  That  the  People  of  South  Carolina,  in  Conven- 
tion assembled,  cordially  approve  of  the  election  o\'  Jeffer- 
son Davis  to  the  Presidency,  and  Alexander  II.  Stevens  bo 
the  Vice-Presidency  of  the  Provisional  Government  of  the 
Confederate  States  of  America,  and  have  entire  confidence 
in  their  experience,  patriotism  and  ability  to  guide  the  des- 
tinies of  the  new  Republic. 

The  resolution  was  agreed  to. 

Mr.  Pope  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  a  copy  of  the  resolution  just  passed,  ex- 
pressing our  confidence  in  the  President  and  Vice-President 
of  the  Confederate  States,  be  forwarded  to  each  by  the 
President  of  this  body. 

The  Constitution  of  the  State  of  South  Carolina  having 
been  engrossed,  was  read  by  the  Clerk,  was  ratified,  and 
was  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Townsend,  the  Convention  went  into 

SECRET  SESSION. 
Mr.  Townsend  offered  the  following  resolution: 
Resolved,  As  the  opinion  of  this  Convention,   that  our 


294  Jul  RNAL   OF   TJIE 

military  posts  al  Morris*  and  Sullivan's  Island  ought  to  be 
immediately  strengthened  by  large  reinforcements,  and  t'<>;- 
this  purpose  thai  the  Governor  be  requested  t<>  call  into  the 
service  of  the  State,  with  as  little  delay  as  possible,  three 
thousand  volunteers,  or  more,  if  deemed  necessary,  for  the 
immediate  protection  of  thia  harbor. 

Mr.  Elayne  offered  the  following  amendment: 

"Thai  ir  be  referred  to  the  Governor,  upon  consultation 
with  Gen.  Beauregard,  to  determine  whether  there  should 
not  be  an  immediate  call  for  three  thousand  volunteers,  or 
more,  if  deemed  necessary,  for  the  immediate  protection  of 
this  harbor." 

Mr.  Simons  offered  the  following  amendment: 

Resolved,  Thai  his  Excellency  the  Governor  be  requested 
t«>  place  the  military  operations  in  and  around  the  harbor 
of  Charleston,  under  the  charge  and  control  of  Brigadier- 
( ten  era!  Beauregard,  or  whoever  may  be  in  command  under 
the  authority  of  the  Confederate  States;  and  be  authorized 
to  place  at  his  disposal  such  portions  of  the  Division  of 
Volunteers  as  Gen.  Beauregard,  or  the  Confederate  com- 
mander, may  from  time  to  time  deem  necessary. 

Mr.  Chesnut  offered  the  following  amendment: 

Rcsol.rat,  That  this  Convention,  having  lull  confidence 
in  the  ability  and  fidelity  of  the  constituted  authorities  of 
this  State,  and  of  the  General  in  command  of  the  harbor 
of  Charleston,  declines  to  direct  or  advise  them  in  the  dis- 
charge of  their  duty. 

Mr.  Mazyck  moved  that  the  resolutions  be  committed  to 
the  Committee  on  the  Military. 

On  motion  of  Mr.  Kershaw,  the  motion  to  commit  was 
ordered  to  lie  on  the  table. 


Convention  of  1861.  295 

On  motion  of  Mr.  Reed,  the  resolutions  and  the  amend- 
ments were  ordered  to  lie  on  the  table,  and 
Mr.  Reed  offered  the  following: 

Resolved,  That  this  Convention  approves  of  the  action  of 
the  Governor,  in  placing  the  forces  for  the  military  defence 
of  Charleston  under  the  command  of  Gen.  Beauregard,  and 
that  he  be  authorized  to  call  into  the  field  immediately  such 
number  of  the  Volunteer  Regiments,  raised  under  the  Act 
of  Assembly,  as  Gen.  Beauregard  may  require  for  the 
operations  under  his  control;  the  whole  force  to  be  placed 
under  the  command  of  Gen.  Beauregard,  or  such  other 
general  officer  as  may  be  ordered  to  the  same  command  by 
the  authorities  o\'  the  Confederate  States  of  America. 

On  motion  of  Mr.  Withers,  the  consideration  of  the 
resolution  was  passed  over  for  the  present. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Withers,  the  Convention  proceeded  to 
the  consideration  of  an  Ordinance  ceding  the  possession  of 

the  forts,  arsenals,  &c,  to  the  Confederate  States  of  Amer- 
ica ;  which  had  been  made  the  special  order  of  the  day  for 
this  day,  at  eleven  o'clock,  a.  m. 

Mr.  J.  J.  P.  Smith  offered  the  following  amendment: 

AX  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States  of 
America  the  use  and  occupancy  of  the  forts,  arsenals, 
navy  yards,  custom  houses  and  other  public  sites  within 
the  limits  of  this  State. 

We,  the  People  of  South  Carolina,  in  Convention  assembled, 
do  ordain  <nid  declare,  and,  it  is  hereby  ordained  end  declared, 
In/  the  authority  of  the  same,  That  the  Government  of  the 
Confederate    States    of  America   is   herein*   authorized  to 


296  .l<n  as  a  i.  of  the 

occupy,  use  and  hold  possession  <>f  all  forts,  navy  yards, 
arsenals,  custom  bouses  and  other  public  sites  within  the 
limits  of  this  State,  and  their  appurtenances,  Lately  in  the 
—ion  of  the  United  States  of  America,  together  with 
Fori  Sumter,  and  to  repair,  rebuild  and  control  the  same  a? 
its  discretion,  until  this  Ordinance  be  repealed  by  a  Con- 
tention of  the  People  of  this  State. 

The  Ordinance  was  agreed  to,  was  ordered  to  bo  on- 
grossed,  and  to  be  signed  by  the  President  and  the  Clerk. 
On  motion  of  Mr.  Withers,  the  injunction  of  secrecy  was 

removed  from  the  Ordinance,  and  it  was 

Resolved,  That  a  certified  cop}-  of  the  Ordinance  to  trans- 
fer to  the  Government  of  the  Confederate  States  of  Amer- 
ica the  use  and  occupancy  of  the  forts,  arsenals,  navy  yards, 
custom  houses  and  other  public  sites  within  the  limits  of 
this  State, he  sent  to  the  President  of  the  Confederate  States 
of  America. 

Mr.  J.  J.  P.  Smith  moved  to  reconsider  the  vote  by  which 
the  Report  of  the  Committee  on  Printing,  recommending 
the  printing  of  the  reports,  resolutions  and  secret  journal 
of  the  Convention,  &c,  was  agreed  to. 

On  motion  of  Mr.  Orr,  the  motion  to  reconsider  was 
ordered  to  lie  on  the  table. 

Mr.  Orr  offered  the  following  resolution  ; 

Resolved,  That  this  Convention  highly  appreciates  the 
patriotic   conduct  of    Benjamin    Mordecai    in   generously 

making  a  donation  of  the  sum  of  $lo,uoo  to  the  constituted 

authorities  of  South  Carolina,  to  aid  the  State  in  maintain- 
ing its  independence. 

Mr.  Furman  offered  the  following  amendment,  which 
was  accepted  by  the  mover  of  the  resolution,  and  was 
agreed  to  : 


Convention  of  1861.  297 

Resolved,  That  this  Convention  highly  appreciate  the 
generosity  and  puhlic  spirit  of  those  citizens  and  friends  of 
the  State  who  have  contributed  money  and  labor  for  the 
henefit  of  the  State  ;  and  take  pleasure  in  noticing  partic- 
ularly the  liberality  and  patriotism  of  Benjamin  Mordecai, 
Esquire,  in  making  the  first  and  very  generous  donation. 

Mr.  Ilarllee,  from  the  Committee  on  the  Military,  made 
a  report,  and  reported  the  following  resolutions,  which 
were  considered  immediately,  and  were  agreed  to  : 

Resolved,  That  the  Governor  he  and  he  is  hereby  author- 
ized to  commission  the  officers  of  any  Volunteer  com- 
pany which  may  be  formed  in  any  of  the  districts  adjacent 
to  the  sea-coast,  for  local  service:  Provided,  That  no  such 
commission  shall  he  issued  without  the  written  consent  and 
approbation  of  the  commanding  officers  of  the  Regiment. 
Battalion  and  Company  respectively,  within  the  limits  of 
which  such  volunteer  company  shall  have  been  formed  : 
And  provided,  also,  that  such  commissions  shall  not  continue 
longer  than  ten  days  after  the  close  of  the  next  regular 
session  of  the  Legislature:  Provided,  "/•-",  that  said  compa- 
nies shall  consist  of  not  less  than  thirty,  rank  and  tile, 
besides  commissioned  and  non-commissioned  officers. 

On  motion  of  Mr.  Hardee,  the  resolution  was  ordered  to 
he  engrossed,  and  the  injunction  of'secrecy  removed. 

Mr.  Inglis  offered  the  following  resolutions,  which  were 
unanimously  agreed  to  : 

Resolved,  That  the  alacrity  with  which  the  Regiment  o£ 
Rifles,  and  the  several  Volunteer  Companies  of  the  city, 
the  First  Regiment  of  South  Carolina  Volunteers,  and  the 
Regiment  and  Battalion  of  enlisted  men.  and  their  various 
officers,  and  the  several  individuals  in  the  capacity  of  Aid- 
to  the  Governor,  Engineers  and  otherwise,  responded  to  the 
call  of  the  State  in  her  hour  of  peril  and  doubtful  fortunes; 
the  patient  cheerfulness  with  which  they  have  submitted  to 
the  extraordinary  privations  incident  to  the  suddenness  of 


JOUBH  \l-    OE    THK 

the  emergency;  their  diligence  in  labors  new  and  unusual, 
the  degree  of  skill,  discipline  and  efficiency  attained  in  the 
short  interval  which  lias  succeeded,  and  the  amount  of 
useful  service  already  rendered,  entitle  them  all,  both  offi- 
cers and  privates,  to  the  hearty  commendations  and  grati- 
tude of  the  people,  and  justify  the  State  in  regarding  them 
with  hones!  pride. 

Resolved,  That  this  Convention,  on  behalf  of  the  people 
of  tl lis  State,  repose  entire  confidence  in  the  emineul  pro- 
fessional skill,  courage  and  sound  judgmenl  of  Brigadier 
General  1'.  G.  T.  Beauregard,  and  in  the  intelligent  and 
efficient  co-operation  of  the  various  members  of  his  Staff, 
and  other  assistants,  military  and  naval,  and  respectfully 
tender  to  them,  and  to  the  various  forces  in  the  service, 
and  individuals  designated,  the  thanks  of  the  State  for  their 
successful  efforts  thus  far,  to  protect  the  honor  and  interests 
Of  the  Stale. 

Reesolvd,  That  if  Fort  Sumter  shall  fall  into  the  hands  of 
our  present  Government,  and  the  harbor  of  Charleston 
shall  lie  relieved  from  all  hostile  occupation  or  obstruction, 
although  without  any  actual  conflict  of  arms,  such  result 
will  be  not  the  less  achieved  by  our  forces  aforesaid,  and 
their  vise  and  effective  operations. 

Resolved,  That  the  foregoing  resolutions  be  communica- 
ted to  General  Beauregard,  with  a  request  that  he  extend 
them  to  the  various  Regiments,  Battalions  and  separate 
Companies,  and  to  his  Staff  and  assistants,  in  such  form 
and  manner  as  he  shall  judge  expedient. 

-  On  motion  of  Mr.  [nglis,  the  injunction  of  secrecy  was 
removed  from  the  resolutions. 

Mr.  Porcher  presented  the  accounts  of  S.  Brady,  Webb 
&  Sage,  and  Lambert  &  Howell;  which  were  respectively 
referred  to  the  Committee  on  Accounts. 

The  Convention  resumed  the  consideration  of  the  reso- 
lution (offered  by  Mr.  Reed) in  relation  to  the  forces  for  the 
defence  of  Charleston  harbor. 

The   resolution  was  agreed  to;  and,  on  motion  of  Mr, 


Convention  of  1861.  299 

Reed,  a  copy  thereof  was  ordered  to  be  sent  to  his  Excel- 
lency, tlie  Governor,  and  to  General  Beauregard;  and  the 
injunction  of  secrecy  removed. 

On  motion  of  Mr.  Reed,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be 

adjourned  to  meet  to-morrow,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to 
Mr.  Williams  on  account  of  important  business. 

On  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to 
Mr.  Whitner,  on  account  of  official  duties. 

On  motion  of  Mr.  Hayne,  the  Convention  proceeded  to 

the  consideration  of  the  following  resolution  : 

» 

Resolved,  That  the  President,  or  in  case  of  his  death  or 
absence  from  the  State,  or  in  case  of  his  inability  to  act, 
any  one  of  a  Committee  of  three,  now  to  be  appointed  by 
him,  he  authorized  to  call  together  this  Convention  at  such 
time  and  place  as  may  he  deemed  expedient,  whenever  the 
exigency  of  public  affairs  or  the  welfare  of  the  State  may 
require  :  'Provided,  that  if  this  Convention  is  not  called 
together  before  the  first  day  of  January,  1862,  it  shall  on 
that  day,  he  dissolved. 

Mr.  Evans  offered  the  following  amendment,  which,  on 
motion  of  Mr.  Fair,  was  ordered  to  lie  on  the  table: 

Resolred,  That  this  Convention,  to-morrow  on  its  ad- 
journment, he  dissolved. 

I 

Mr.  Simons  ottered  the  following  amendment,  which  was 
agreed  to  : 

Resolved,  That  when  this  Convention  adjourns,  it  shall  he 
adjourned  to  meet  at  such  time  and  place  as  the  President 
shall  appoint,  who  is  authorized,  if  in  his  opinion,  the 
public  exigencies  shall  require,  by  notice  under  his  hand 
duly  published,  to  assemble  the  Convention  at  any  time 


300  Journal  of  the 

before  the  first  day  of  January  ensuing;  and  that  he  ap- 
point ;i  Committee  of  five,  a  majority  of  whom,  or  the  sur- 
-  or  survivor  of  such  majority,  in  case  of  the  death 
or  disqualification  of  the  President,  shall  have  like  autho- 
rity to  assemble  the  Convention,  and  appoint  a  time  and 
place  for  its  meeting;  and.  in  rase  the  Convention  should 
not  be  so  assembled  before  the  first  day  of  January  ensu- 
ing, then  this  Convention  shall  be  dissolved. 

Mr.  Thomas  Thomson  offered  the  following  resolution. 
which  was  considered  immediately,  and  was  agreed  to: 

Resolved,  That  the  same  compensation  be  allowed  the 
members  of  this  Convention  during  its  present  sitting,  as 
members  of  the*  Legislature  receive;  and  that  the  Presi- 
dent issue  certificates  or  warrants  therefor,  in  the  usual 
form. 

On  motion  of  Mr.  Pope,  the  Convention  was  adjourned 
al  thirty  minutes  pasl  lour  o'clock,  p.  m. 

B.  F.  ARTHUR, 

<  'lerk  of  the  <  bnvention. 


TUESDAY,    APRIL  0,   1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  chair,  and  the  proceedings  were  opened 
wifh  prayer  by  the  Rev.  D.  1*.  Robinson. 

The  Clerk  called  the  Boll,  and  the  following  Delegates 

answered  to  their  names  : 

Messrs.  Allison,  Bethea, 

Appleby,  Bellinger, 

Atkinson,  Hobo, 

Aver,  Brown,  A.  II. 

Barron,  Buchanan, 

Beaty,  Cain, 


Convention  of  1861. 


301 


Calhoun, 

Caldwell, 

Carlisle, 

Carroll, 

Caughnian, 

Charles, 

Chesnut. 

Cheves, 

Darby, 

Davant, 

De  Saussure, 

De  Treville, 

Duncan, 

Dun  kin, 

I) n  Pre, 

Easley, 

Ellis, 

Evans, 

Fai  r, 

Kind, 

Foster, 

Furman, 

Garlington, 

Geiger, 

(list, 

(J  lover, 

Gourdin,  R.  X. 

Gourdin,  T.  L. 

Hammond, 

Earllee, 

Harrison, 

Hay  ne, 

Henderson, 

Honour. 

Hunter, 

Hutson, 

Inglis, 

Ingrain. 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw. 

Kilgore, 


Kinard, 

Kinsler, 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath,    . 

Mauldin, 

Maxwell, 

Mazyck, 

Means, 

Middleton,  J.  Izard 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Orr, 

Palmer, 

1'arkcr, 

Pope, 

Quattlebaum, 

Reed, 

Rhodes, 

Richardson,  J.  1'. 

Robinson, 

Rowell, 

Scott, 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Spratt, 

Springs, 

Sims, 

Thomson,  Thomas 

Timmons, 

Town  send. 

Wardlaw,  I).  L. 

Wier, 

Williams, 


302 


LNAI    OF   Till-: 


Wilson.  I.  !>. 
Wilson,  J.  II. 


Woods, 
Youner, 


The  Journal  of  yesterday's  proceedings  was  read. 
The  President  announced  the  following  Committee,  ap- 
pointed under  a  Resolution,  to  call  the  ( lonvention  together 
in  the  event  of  the  death  or  disqualification  of  the  Presi- 
ded : 

Messrs.  B.  F.  Dunfcin, 
1).  L.  Wardlaw, 
R.   W.  Barnwell, 
R.  B.  Rhett, 
W.  W.  Harllee. 

Mr.  Ayer  offered  the  following  Resolution,  which  Mas 
nol  seconded,  aud  was.  therefore,  ordered  to  lie  on  the  table: 

/  oleed,  Thar  it  be  referred  to  the  Committee  on  the 
Constitution  to  inquire,  and  if  deemed  expedient,  to  report 
an  Ordinance  to  alter  and  amend  the  Constitution  of  this 
St;U''.  in  such  manner  that  the  number  of  representatives 
shall  never  exceed  twenty  thai  any  incorporated  Town  or 
City,  whatever  its  population  or  wealth  may  be,  may  elect 
to  the  more  numerous  branch  of  the  Legislature. 

Mr.  Ayer  offered  the  following  resolution,  which  was  not 
ided.  and  was,  therefore,  ordered  to  Lie  on  the  table: 

'.  Thai    more  effectually  to   protect   and  render 

the  political  rights  of  minorities  under  our  republi- 
can system  of  government,  the  Constitution  of  this  State 
should    be  80  altered    and    amended    as    to  confer  on   every 

r  in  -•lections  for  the  Legislature  the  privilege  of  cast- 
ing as  many  ballots  as  his  election  district  may  be  entitled 
to  members,  and  the  privilege  of  giving,  if  he  so  chooses, 
the  whole  number  of  bis  votes  for  any  single  candidate,  or 
of  dividing  them  in  such  proportions  as  he  may  see  fit  to 
do  among  any  less  number  than  the  whole  number  to  be 
elected. 

Mr.  Thomas  Thomson  presented  the  Report  of  the  Com- 


Convention  of  1861.  303 

mittee  on  Accounts  on  the  accounts  of  S.  Brady,  "Webb  & 
Sage,  and  Lambert  &  Howell;  which  was  considered  imme- 
diately, and  was  agreed  to. 

Mr.  Simons  presented  the  Report  of  the  Committee  on 
Engrossed  Ordinances,  which  was  considered  immediately, 
and  was  agreed  to. 

Mr.  Bobo  stated  that  he  had  received  intelligence  that 
Mr.  William  Curtis  had  been  prevented  from  attending 
this  Bession  of  the  Convention  on  account  of  serious  per- 
sonal injuries  received;  and,  on  motion  of  Mr.  Bobo,  Mr. 
Curtis  was  excused,  for  the  reason  assigned. 

On  motion  of  Mr.  John  Izard  Middleton,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole,  Mr.  I).  L. 
Wardlaw  in  the  chair. 

Mr.  John  Izard  Middlctou  offered  the  following  resolu- 
tion, which  was  agreed  to  : 

Resolved,  unanimously,  That  the  thanks  of  this  Convention 
are  due  and  are  hereby  tendered  to  Hon.  1>.  F.  Jamison  for 
tin1  courtesy,  dignity,  impartiality  and  ability  with  which 
he  has  discharged  his  duties  as  its  presiding  officer. 

On  motion  of  Mr.  Quattlebaum,  the  Committee  rose,  and 
the  Chairman  reported  to  the  Convention  the  resolution 
adopted  by  the  Committee. 

The  President  said  : 

Grentkmen  of  Ike  Convention — 

When  first  called  upon,  by  your  kindness,  to  preside 
over  the  gravest,  the  ablest,  and  the  most  courteous  hodv 
of  gentlemen  with  whom  I  have  ever  been  associated  in  a 
political  life,  extending,  now,  to  more  than  twenty-live 
years,  I  was  greatly  overcome  by  your  confidence,  for  a 
compliment  as  unexpected  as,  I  felt,  it  was  unmerited,  and 
now  I  am  willing  to  construe  this  renewed  expression  of 
your  kindness  into  a  tribute  to  good  intentions,  rather  than 
to  good  deeds. 

By  your  acts,  during  the  twenty  days  of  your  first  ses- 
sion, you  have  added   more  than  one  page  to  history  which 


304  Journal  of  the 

will  survive:  for  men  will  love  to  look  on  the  opening 
incidents  of  a  revolution,  conducted  with  a  dignity,  calm- 
.  propriety,  and  an  inflexible  pursuit  of  right,  which 
has  few  examples  in  pas!  times. 

Within  the  brief  interval  of  less  than  three  months  be- 
tween  your  first  session  and  this,  many  striking  incidents 
have  been  crowded,  which  might,  also,  become  history;  l>ut 
the  doubts,  fears,  struggles,  anxieties  and  hopes  deferred!, 
and  then  the  gradual  increase  of  confidence  from  increased 
strength  and  resources,  are  only  fully  known  to  the  fewj 
who  acted  the  chief  part  in  the  trying  scenes  of  this  winter: 
and  they,  iftheycould,  probably,  will  not  write  its  history. 

This  revolution,  so  far,  has  been  bloodless.  What  a 
glorious  consummation  it  would  have  been!  What  a 
triumph  of  civilization  and  Christianity,  if  the  greal  prin- 
ciples involved  in  this  movement  could  have  been  success- 
fully achieved,  without  shedding  a  single  drop  of  human 
blood!  But  now  it  seems  to  he  otherwise.  While  I  am 
yet  speaking,  a  hostile  fleet  is  said  to  he  approaching  our 
shores,  and  before  the  coming  night  closes  over  us,  the 
sands  of  Morris'  Island  may  be  stained  with  the  best  hlood 
of  our  people.     May  G-od  show  the  right! 

I  congratulate  you,  gentlemen,  at  the  close  of  your  labors, 
on  the  adoption  of  a  Constitution  which,  [  trust,  will  be 
found  little  less  than  perfect.  There  are,  I  admit,  clauses 
and  omissions  which  render  it  much  less  acceptable  to  me. 
but  1  am  far  from  attaching  as  great  importance  to  any 
written  Constitutions  as  many  appear  to  do.  Written  Con- 
stitutions are  hut  as  landmarks  to  point  out  the  route  to  be 
followed;  and  all  experience  of  the  past,  most  clearly  de- 
monstrates thai  a  Government  will  he  just  suited  to  the 
capacities,  genius  and  character  of  a  people,  and  it  will  he, 
either  \'\-^'r  or  despotic,  as  the  people  themselves  will  he 
found  to  deserve  the  one  form  or  the  other.  Why.  it  may 
lie  a. sked,  is  it,  that  the  civilization  of  the  Eastern  nations 
of  the  Semitic  race  has  been  so  unproductive  of  results 
beneficial  to  contemporaneous  or  subsequent  times'.'' — that 
we  hold  of  them  no  literature,  no  law,  no  principle  of  gov- 


Convention  of  1861.  305 

ernment  or  social  amelioration?  It  is  because  their  govern- 
ment was  a  stern  despotism,  which  interposed  an  immeas- 
urable distance  between  the  throne  and  the  people ;  and,  it 
may  he  added,  because  their  religion  was  a  gloomy  and 
degrading  superstition,  which  bowed  down  to  the  creature 
instead  of  to  the  Creator.  Where  is  the  British  Constitu- 
tion written?  Not  on  paper,  but  in  the  traditions  and 
memories  of  the  dominant  portion  of  a  race  who,  through 
a  thousand  years  of  trial  and  suffering,  vindicated  their 
rights  to  a  liberal  Government.  Where  is  the  Constitution 
of  the  French  to  be  found  ?  Not  in  Jacobin  Clubs,  nor  in 
the  romanesque  reveries  of  Vergniaud,  Madame  Roland 
and  Brissot  de  Warvillc . :  not  in  the  "Three  Days  of  July," 
nor  in  the  fanciful  theories  of  Lamartinc,  and  in  his  im- 
practicable doctrines  of  "Liberty,  Equality  and  Fraternity," 
but  in  the  will  of  an  absolute  monarch,  who  preserves  order 
and  restrains  insurrection  by  half  a  million  of  armed  men. 
Where  did  Black  Republicanism  get  its  teachings?  Not 
from  the  Constitution  of  the  United  States,  but  from  the 
doctrines  of  a  "Higher  Law"  and  an  Irrepressible  Conflict. 

If,  therefore,  we  arte  wise,  if  we  are  virtuous,  if  we  are 
true  to  ourselves,  the  Constitution,  which  we  have  adopted, 
will  last  for  generations  to  come.  If  we  are  not,  no  written 
Constitution,  however  guarded,  will  avail  us  long. 

Permit  me,  now,  gentlemen,  at  this  parting  moment — 
and  we  part  at  a  moment  of  unconjecturable  events — to 
offer,  to  each  of  }Tou,  my  best  wishes  for  your  present  and 
future  welfare  ;  and  to  repeat  my  profound  thanks  for  all 
your  confidence  and  kindness. 

On  motion  of  Mr.  Pope,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  proceeded  to  the  consideration  of  the 
following  Resolution  : 

Resolved)    That  in   case  a  vacancy  shall  arise,  from  any 
cause,  in  the  Delegation  from  this  State  to  the  Provisional 
20 


306  Journal  of  the 

Congress  of  the  Confederate  States  of  America,  the  Gover- 
nor of  this  State  be,  and  lie  is  hereby  authorized  to  supply 
such  vacancy  by  appointment,  should  he  think  lit. 

Mr.  Miles  offered  the  following  amendment,  which  was 
agreed  to : 

Mesolved,  That  in  case  a  vacancy  shall  arise  from  any 
cause,  in  the  delegation  from  this  Statu  to  the  Provisional 
Congress  of  the  Confederate  States  of  America,  and  in  case 
the  Convention  should  not  then  be  in  session,  the  President 
of  this  Convention,  or  in  case  of  his  death  or  disqualifica- 
tion, the  Committee  of  five  who  have  been  empowered 
in  a  certain  contingency  to  reassemble  the  Convention,  be 
authorized  to  till  such  vacancy  by  appointment. 

Mr.  B.oho  offered  the  following  amendment,  which  was 
agreed  to : 

Provided,  The  appointment  he  made  of  some  person 
residing  in  a  Congressional  District  not  already  represented 
in  the  Congress, 

The  Resolution;  as  amended,  was  agreed  to. 
Mi-.   Simons,   from    the    Committee   on    Engrossed   Ordi- 
nances, made  the  following  report,  which  was  considered 

immediately,  and  was  agreed  to  : 

The  Committee  on  Engrossed  Ordinances  beg  leave  to 
Report,  that  the  following  Ordinances  and  Resolutions 
referred  to  them,  have  been  duly  engrossed  and  ratified  by 
the  signature  of  the  President,  ami  the  attestation  of  the 
Clerk  of  the  Convention,  to  wit: 

1.  An  Ordinance  to  ratify  the  Constitution  of  the  Con- 
federate States  of  America. 

2.  The  Resolutions,  suggesting  amendments  thereto. 

3.  An  Ordinance  to  amend  "  An  Ordinance  concerning 
Citizenship." 

4.  An   Ordinance   to   repeal    sundry  Ordinances,    and   to 


Convention  of  1861.  307 

alter  the  fourth  Article,  and  sundry  sections  of  the  Consti- 
tution. 

5.  An  Ordinance  to  alter  the  tenth  section  of  the  first 
Article  of  the  Constitution  of  the  State  of  South  Carolina, 
and  the  amendment  thereof,  ratified  the  twenty-eighth  day 
of  January,  one  thousand  eight  hundred  and  sixty-one  :  also. 
to  alter  the  tenth  section  of  the  amendments  ratified  on  the 
seventeenth  day  of  Decemher,  eighteen  hundred  and  eight, 
and  likewise  the  second  clause  of  the  eleventh  Article  of  The 
Constitution  aforesaid. 

6.  An  Ordinance  to  ratify  the  Provisional  Constitution 
and  Government  of  the  Confederate  States  of  America. 

7.  An  Ordinance  to  repeal  in  part  and  alter  in  part  the 
Ordinance  entitled  l'  An  Ordinance  to  amend  the  Constitu- 
tion of  the  State  of  South  Carolina,  in  respect  to  the  Execu- 
tive Department." 

8.  An  Ordinance  to  transfer  to  the  Government  of  the 
Confederate  States  of  America,  the  use  and  occupancy  <>t 
the  forts,  arsenals,  navy-yards,  custom-houses,  and  other 
public  sites  within  the  limits  of  this  State. 

9.  A  Resolution  to  provide  for  the  transfer  of  arms,  ord- 
nance, and  munitions  of  war,  by  this  State  to  the  Govern- 
ment of  the  Confederate  States  of  America. 

10.  A  Resolution  to  provide  for  the  transfer  of  the  regu- 
lar enlisted  troops  of  this  State  to  the  Government  of  the 
Confederate  States. 

11.  Resolutions  to  provide  for  tendering  a  volunteer  force 
to  the  Confederate  States. 

12.  A  Resolution  authorizing  the  Governor  to  commis- 
sion officers  of  Volunteer  Companies  in  certain  cases. 

All  of  which  is  respectfully  submitted. 

THOS.  Y.  SIMONS, 

Chairman. 

The  Convention  proceeded  to  the  consideration  of  the 
Report  of  the  Committee  appointed  to  ascertain  and  report 
how  much   of  the  legislation  of  Congress  had  heen  abro- 


Journal  of  Tin-: 

E  •  1  by  the  secession  of  the  State,  and,  on  motion  of  Mr. 
-nut.  the  Report  was  ordered  to  lie  on  the  table. 

Mr.  John  Jenkins  stated  that  Mr.  GL  \V.  Seabrook  had 
been  prevented  from  attending  the  present  session  of  the 
Convention  by  sickness  and  death  in  bis  family;  and,  on 
motion  of  Mr.  Jenkins,  Mr.  Seabrook  was  excused  for  the 
reason  assigned. 

On  motion  of  Mr.  DeTreville.  it  was  ordered,  that  when 
the  Convention  adjourns,  it  shall  be  adjourned  to  meet  to- 
morrow at  11  o'clock,  a.  U. 

The  President  stated  that  Mr.  F.  J.  Porelier,  Cashier,  and 
Mr.  1>.  H.  Rutledge,  Deputy  Cashier,  were  prevented  from 
attending  the  Convention  b}'  their  military  engagements  ; 
and  the  President  announced  that  Mr.  T.  M.  llanckel  is 
appointed  Deputy  Cashier  of  the  Convention. 

Mr.  Chesnut  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to: 

Resolved,  That  this  Convention  having  disposed  of  all  the 
business  before  them,  a  Committee  of  three  he  appointed 
to  visit  the  CovrnuT  and  the  Commander  of  the  Forces  in 
the  harbor  of  Charleston,  and  invite  them  to  make  sueh 
communication  to  the  Convention  as  they,  or  either  of  them, 
may  deem  expedient. 

Whereupon,  the  President  appointed  the  following  gen- 
tlemen of  the  Committee  : 

Messrs.  -lame-  ( Jhesnut, 
I.  W.  Hayne, 
Langdon  Cheves. 

On  motion  of  Mr.  Evans,  Leave  of  absence  was  granted 
to  Mr.  Harllee,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  D.  L.  "Ward  law,  leave  of  absence  was 
granted  to  Mr.  Johnson,  on  account  of  pressing  engage- 
ments. 

On  motion  of  Mr.  Cheves,  leave  of  absence  was  granted 
t     Mr.  Rhodes  on  account  of  urgent  domestic  affairs. 


Convention  of  1861. 


309 


* 

On  motion  of  Mr,  Bo  bo,  leave  of  absence  was  granted  to 
Mr.  Foster,  on  account  of  military  duties. 

On  motion,  the  Convention  was  adjourned  at  two  o'clock, 
P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,  APRIL  10,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the 
President  took  the  Chair,  and  the  proceedings  were  opened 
with  prayer  by  the  Rev.  J.  M.  Timmons. 

The  Clerk  called  the  Roll,  and  the  following  Dele 
answered  to  their  names: 


Messrs.  Allison, 

Appleby, 

Atkinson, 

Aver, 

Barron, 

Barton, 

Beaty. 

Bethea, 

Bellinger, 

Bobo, 

Brown,  A.  II. 

Buchanan, 

Cain, 

Calhoun, 

Caldwell, 

Carlisle, 

Carroll, 

Caugliman, 

Charles, 

Chesnut, 

Cheves, 

Clarke, 

Darby. 

Davant, 


De  Saussure, 
De  Treville, 

Dunkin, 
Da  Pre, 

Kaslev, 

Ellis, 

Fair. 

Flud, 

G-arlington, 

Geiger, 

Cist. 

Glover, 

Oourdin,  R.  X. 

Gourdin,  T.  L. 

Hammond, 

Hanckel, 

Harrison, 

Ilayne, 

Henderson, 

Honour, 

Hunter, 

Tlutson, 

Inglis, 

Ingram, 


310 


Journal  OF  the 


Jackson, 
Jefleries, 

Jenkins.  J.   E. 

Ki  1  g<  uv. 

Kinard. 

Kinsler, 

McCrady, 

Mclver, 

McKee, 

Mauldin, 

Maxwell, 

Means, 

Middleton,  J.  Izard 

Middleton,  \\r. 

Miles, 

Moore, 

Moorman. 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 


Quattlebaam, 

Reed, 

Eiobinson, 

UnWell, 
Scott, 

Shingler,  J.  M. 
Shingler,  W.  P. 

Simons. 

Simpson. 

Smith.  J.  J.  P. 

Smith,  Thomas 

Spratt, 

Springs, 

Sims, 

Thomson,  Thomas 

Timmons. 

Townsend, 

Wardlaw,  D.  L. 

Wier, 

"Wilson,  J.  II. 

Woods', 

Young: 


The  Journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following 
communication,  which,  on  motion  of  Mr.  Reed,  was  ordered 
to  be  entered  on  the  Journal: 

Headquarters  Provisional  Forces, 
Charleston^  South  Carolina. 
I  fon.  I).  F.  Jamison,  President  of  (he 

Cunrention,  Strife  of  South  Carolina: 

Sir:  [  had  the  honor  this  moruing  of  receiving,  through 

a  Committee  of  your  State  Convention,  its  resolutions, 
expressing  confidence  in  my  professional  skill,  courage  and 
sound  judgment,  and  in   the  efficient  co-operation  of  the 

several  members  of  my  staff,  and  other  assistants,  military 
and  naval,  and  tendering  to  the  individuals  designated  and 
to  the  various  forces  in  the  service,  the  thanks  of  the  State 
for  their  successful  efforts  thus  far,  in  protecting  the  honor 
and  interests  of  the  State. 


Convention  of  1861.  311 

Allow  me,  sir,  through»you,  to  thank  tffe  honorable  body 
over  which  you  preside,  for  this  evidence  of  their  kindness 
to  myself  and  assistants,  and  to  the  forces  under  my  orders. 
I  feel  highly  gratified  that  in  so  short  a  time  it  has  been 
my  good  fortune  to  meet  your  approbation  in  the  discharge 
of  my  official  duties,  and  it  is  a  source  of  pride  for  me  to 
state  that  I  feel  much  indebted  for  the  expression  of  your 
resolutions  to  the  active  and  willing  co-operation  of  even- 
one  under  my  command.  Never  have  T  seen  a  more  uni- 
versal exhibition  of  determination  and  self-denial  on  the 
part  of  individuals  for  the  promotion  of  any  cause,  than 
that  of  the  forces  under  my  command  for  the  accomplish- 
ment of  the  great  object  we  have  in  view.  Encouraged  by 
the  great  trust  imposed  in  them,  I  can  confidently  express 
the  hope  that  all  under  my  command  will  continue  to 
merit  yon  approbation.  It  will  be  my  pleasure  to  commu- 
nicate to  the  troops  and  others  under  my  orders,  the  sub- 
stance of  your  flattering  resolutions. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

T.  G.  T.  BEAUREGARD, 

JBri'/'.c li<  r-  General  Commanding. 

Mr.  Inglis  offered  the  following  resolutions,  which  were 
considered  immediately,  and  were  unanimously  agreed  to : 

Resolved,  That  in  the  resolutions  of  commendation  and 
thanks  to  the  organized  forces  and  individual  officers  em- 
ployed in  the  military  and  naval  service  of  the  State,  it  was 
the  purpose  of  the  Convention  to  have  expressed,  as  was 
felt,  the  sentiments  therein  conveyed  towards  all  the  vari- 
ous organized  bodies  of  men  and  individuals  who  had  been 
employed;  and  if,  owing  to  our  want  of  acquaintance  with 
the  precise  relations  existing  among  the  bodies  and  individ- 
uals, the  terms  of  the  resolutions  proved  not  large  enough 
to  have  embraced  them  all,  it  would  be  unjust  to  this  Con- 
vention, and  to  those  omitted  an  occasion  of  profound 
regret,  that  such  omission  should  be  supposed  to  have  been 
designed. 


"1:2  Journal  op  the 

/,'  wived,  That  the  commanding  General  be  requested, 
in  communicating  the  said  resolutions,  to  state  that  under 
the  terms  used  by  the  State  Convention,  it  was  its  purpose 
press  its  just  appreciation  of  the  patriotism  and  zeal- 
ous devotion  to  the  cause  of  the  State  of  all  the  nun  and 
officers,  in  whatever  department  of  the  service — volunteers, 
or  regulars,  regiments,  battalions  or  companies. 

Mr.  Reed  offered  the  following  resolutions,  which  were 
agreed  to: 

Resolved,  That  the  patriotic  devotion  and  loyalty  exhib- 
ited by  Brevet  Major-General  David  E.  Twiggs,  Late  of  the 

United  States  Army,  to  the  rights  and  interests  ot  the 
South,  by  resigning  his  commission  and  turning  over  the 
public  property  under  his  control  to  the  authorities  of  the 
State  of  Texas,  upon  its  secession  from  the  Union,  emi- 
nently entitles  him  to  the  gratitude  of  the  Confederate 
States  of  America;  and  the  thanks  of  the  people  of  South 
Carolina  are  hereby  most  cordially  tendered  to  him. 

Resolved,  That  a  eopv  of  the  foregoing  resolution  he 
communicated  to  General  Twiggs  by  the  President  of  this 
Convention. 

Mr.  Chesnul  presented  the  following  Report,  which  was 
considered  immediately  and  was  agreed  to: 

The  Committee  appointed  to  visit  his  Excellency  the 
Governor  and  the  Commander  of  the  Forces,  beg  leave  to 
Report  that  they  have  waited  on  these  gentlemen  and  are 
informed  that  the  provisions  already  made  by  the  Conven- 
tion are  deemed  by  them  adequate  to  all  prohahle  emer- 
gencies, and  that  they  have,  therefore,  no  further  communi- 
cation to  submit. 

Mr.  Simons  moved  that  the  Convention  do  now  adjourn, 
subject  to  the  provisions  of  the  resolution  heretofore  agreed 


Convention  of  13G1. 


313 


to;  and  the  question  being  put,  will  the  Convention  agree 
thereto  ?  it  passed  in  the  affirmative  : 
Yeas,  02;  nays,  32. 
The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative  are  : 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayei'. 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bellinger, 
Calhoun, 
Carlisle, 
Carroll, 
( Jaughman, 
Cheves, 
1  >avant, 
De  Saussure, 
Duncan, 
Du  Pre, 
Easley, 
Ellis, 

( larlington, 
Geiger, 
Hammond, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hunter, 
Kutson, 
Jackson, 
Jefferies, 


Jenkins,  J.  E. 

Kilgore, 

Kinard. 

McLeod, 

Magrath, 

Mauldin, 

Maxwell, 

Mazyck, 

Means, 

Moore, 

Orr, 

rainier, 

Parker, 

Reed, 

Robinson, 

Rowell, 

Scott, 

Shinglef,  J.  M. 

Shingler,  W.  P. 

Simons. 

Smith,  Thomas 

Spratt, 

Springs, 

Sims, 

Thomson,  Thomas 

Timmons, 

Wier, 

Wilson,  J.  II. 

Woods, 

Young, 


Those  who  voted  in  the  negative  are 


Messrs.  Bobo, 

Brown,  A.  II. 
Buchanan, 

Cain, 


Caldwell, 

Clarke, 
Darby, 

De  Treville, 


81 1  Journal  of  the  Convention. 

Fair.  Middleton,  W. 

Fiu.l.  Miles, 

Furman,  Moorman, 

Gist,  Nowell, 

Glover,  O'Hear, 

( fourdin,  R.  X.  Pope, 

Hanckel,  Quattlebaum, 

[nglis,  Richardson,  .1.  V. 

Kinsler,  Simpson, 

McCrady,  Smith,  .1.  .J.  P. 

McKee,  Townsend, 

Middletom  J.  Izard  T^ardlaw,  I).  L. 

So  the  motion  was  agreed  to:  and  the  Convention  was 
adjourned  in  accordance  with  the  provisions  of  the  reso- 
lutions. 

B.  F.  ARTHUR, 

Clerk  of  /At'  Convention. 


ALPHABETICAL  LIST 

OF    THE 

MEMBERS    OF  THE    CONVENTION, 

Decembeb    17,  18G0. 
With  their  Post- Offices  caul  Election  Districts, 


NAME.  DISTRICT.  POST-OFFICE. 

/J).  F.  JAMISON,  Fres'*..Barnwell Midway. 

Adams.  .Tames  JI Richland  Gadsden. 

Allison,  R.  T York Meek's  Hill. 

Appleby,  D.  C St.  George's,  Dorchester.... Branchville. 

Atkinson,  8.  T Winyaw  Georgetown. 

Ateb,  L.  M Barnwell Buford's  Bridge. 

Barnwell,  R.  W St.  Helena Beaufort. 

Barron,  A.  I York Yorkville. 

Barton,  D.  B Orange Branchville. 

B k aty,  T.  AY Horry Con wayboro. 

Bethea,  A.  W Marion  Little  Bock. 

Bellinger,  E.  St.  P St.  Bartholomew's Walterboro. 

Bobo,  S Spartanburg Spartanburg  C.  H. 

Bonneau,  P.  P Christ  Church Haddrell's. 

Brabham,  J.  J Barnwell Buford's  Bridge. 

Brown,  A.  II St.  Andrew's Charleston. 

Brown,  C.  P St.  James',  Goose  Creek Charleston. 

Bi  cha#nan,  J Fairfield Winnsboro'. 

Burnet,  A.  W St.  Philip  and  St.  Michael  ..Charleston. 

Cain.  W St.  John's,  Berkley Black  Oak. 

Calhoun,  John  A Abbeville Abbeville  C.  H. 

Caldwell,  Joseph Newberry Mount  Bethel. 


LIST   OF    MEMBBRSJ 
■    \  ■      .  DISTRICT.  CT-OFFICE. 

Campbell,  William  EL. .Greenville Greenville  C.  If. 

^|  Oarn,  11.  B St.  Bartholomew's Walterboro'. 

Carlisle,  James  II Spartanburg Spartanburg  C.  II. 

Carroll,  J.  I' Edgefield Uken. 

Oadohman,  IT.  1 Lexington  Lexington  C!  II. 

I  phi   I,  W.  G Lancaster Hanging  Hock. 

Charles,  B.  W Darlington  Darlington  C.  II. 

Chesni  i".  James,  .If Kershaw Camden. 

Cheyes,  Langdon Si    Peter's Savannah,  Ga. 

Clarke,  B.  M St.  Andrew's Charleston. 

'.  W St.  Philip  and  St.  Michael.  .Oh  arlestoa; 

CRAWFORD,   R.  L Lancaster Lancaster  ( '.  II. 

Curtis,  William Spartanburg Limestone  Springs. 

Darby,  A.  T St.  Mathew's Fori  Motte. 

♦Dargan,  J.  A Darlington  Darlington  C.  II. 

Davaxt,  R.  J St.  Luke's  Gillisonville. 

vDavis,  II.  C Fairfield Ridgowayj 

JJDeSai  bsi   :k  W.  F Richland Columbia* 

[>i:  Treyille,  R St.  Philip  and  St.  Michael. Charleston] 

Dozier,  A.  W Williamsburg Johnsonville. 

Duncan,  Perry  B Greenville Greenville  C.  II. 

Dunk i.\,  B.  F Winyaw Charleston. 

Dunoyant,  A.  Q Chester  Chesterville. 

Dunovant,  F.  (i.  M Edgefield Edgefield  C.  II. 

Du  Pre,  !> St.  James',  Santee..South  Santeo  Perry. 

Basley,  W.  K Greenville Greenville  C.  It. 

Ellis,  W.  .1 Horry Conwayboro'. 

English,  T.  F Sumter Mayesville. 

Evans,  C.  1> Marion Marion  0.  II. 

FAIR,  Simeon Xe  wherry Newberry  C.   !I. 

FenleYj  W.  F Barnwell  Aiken. 

Plud,  Daniel St.  George's,  Dorchester..Summerville. 

P0R8TER,  A.  M Winyaw  Georgetown. 

Foster,  Ji.  J5 Spartanburg Glenn  Springs. 

Frampton,  .1.  B Prince  William's Pocotaligo. 

Purman,  .1.  C Greenville Greenville  0.  IF 

Gadberry,  James  M Union Union  ('.  IF 

GarlinqTDn,  II.  W Laurens Laurens  C.  II. 

*  Duces  >  d. 


LIST    OF    MEMBERS.  £17 


NAME.  DISTRICT.  TOST-OFFICE. 

Geiger,  J.  C Lexington Sandy  Run. 

Gist,  William  II Union Union  C.  H. 

Glover,  T.  W Orange  Orangeburg. 

Goodwin,  B.  W Marlboro'  Brightsville. 

s/Gourdin,  R.  N St.  Philip  and  St.  Michael... Charleston. 

Gourdin,  T.  L St.  Stephen's Pineville. 

Green,  II.  D Sumter Mcehanicsville. 

■*/Gregg,  Maxcy  Richland Columbia. 

Gheqg,  William Edgefield Aiken. 

Grisiiam.  W.  S 1'i.kms Walhalla. 

Hammond.  A.  J Edgefield Hamburg. 

Hanckki,,  T.M St.  Philip  ami  St. Michael. ..Charleston. 

Harllee,  W.  W Marion Mars'  Bluff. 

/Harrison.  James Greenville Cedar  Falls. 

Hayne.  I.  W St.  Philip  and  St.  Michael.. .<  Charleston. 

Henderson,  E.  R St.  Bartholomew's Bine  House. 

Honour,  J.  11 St.  Philip  and  St.  Michael. ..Charleston. 

Hopkins,  William Richland Hopkins'  T.  0. 

Hunter,  William Pickens Wolf  Creek. 

Hutson,  W.  F Prince  William's Poeotaligo. 

Ingeis.  John  A Chesterfield ( 'heraw. 

Ingram,  J.  J Clarendon Manning. 

Jackson.  S Chesterfield Mount  Crogan. 

JefferioS,  James Union G-owdeysville. 

Jenkins,  John  St.  John's,  Colleton Edisto  Island. 

Jenkins.  J.  E St.  Paul's Adams'  Pun. 

Johnson ,  W.  D Marlboro' Benncttsville. 

v  Jveitt,  L.  M Orange Orangeburg. 

Kershaw,  J .  B Kersha w  Camden. 

Kilgore,  B.  F Spartanburg Laurensville. 

^vinard,  J.  P Newberry Newberry  C.  II. 

Kinslkr,  J.  II Richland Columbia. 

Landrum,~J.  G Spartanburg Spartanburg  C.  II. 

Lawton,  B.  W Barnwell Allen  dale. 

Lewis,  A.  F Pickens Pendleton. 

I  Logan,  R.  C "Williamsburg Kingstree. 
Lyees,  W.  S Fairfield Strother. 
McCrady,  Edward St.  Philip  and  St.  Michael. ..Charleston. 
■*  McIver,  Henry Chesterfield Cheraw. 
McKee,  John Chester Chester  C.  H. 


:;i  >  list  OF  members. 

NAME.  DI8TBIOT.  PQSaVQFFICE. 

McLEOD,  A Marlhoro'  Bennet  tsville. 

Maqrath,  A.  (i St.  Philip  and  St.  Michael... Charleston. 

Manioai  i.r.  G St.  Philip  and  St.  Michael... Charleston. 

v  Manning,  John  L Clarendon Fulton. 

.Mai  i. in; n.  B.  P SLndersou YVilliamston. 

M  lxwell,  .lolm Pickens Pendleton. 

M  ayes,  M.  I' Sumter Mavesville. 

Mazyck,  Alexander St.  . lames",  Santce Charleston, 

M  bans,  John  II Fairfield Buckhead* 

MemMINOER,  C.  Ct St.  Philip  and  St.  Michael. ..Charleston. 

vMiddleton,  John  Izard. .All  Saints  Georgetown, 

MlDDLETON,  W St.  Philip  and  St.  .Michael. ..Charleston. 

Miles,  W.  P St.  Philip  and  St.  Michael. ..Charleston. 

Moore,  Thomas  W Chester Smith's  T.  O. 

Moorman,  K Newberry M  ay  hi  n  ton. 

xyNoiu.K.  Edward Lbbevillle Abbeville  C.  11. 

NoWELL,  J.  L St.  Thomas  and  St.  Dennis.. .Charleston. 

O'HEAR,  .1.  S St.  Thomas  and  St.  Dennis.. .( '  ha  r  lest  on. 

Obr,  James  L Anderson Anderson  C.  H. 

Palmer,  J.  S St.  Stephen's Echaw. 

Parker,  F.  S Winyaw Georgetown^ 

Pbrrin,  Thomas.  C Abbeville Vhheville  0.  11. 

Pope,  .1.  D St.  Helena Beaufort. 

Porcher,  F.J St.  Philip  and  St.  Michael...  Charleston. 

Pbesslby,  .1.  C Williamsburg Kingstrea 

Qtjattlebai  m.  Paul Lexington Lightwood  ( 'reek. 

RaINEY,  Samuel York (iuthriesville. 

Reed,  .1.  P Anderson  a Anderson  C,  II. 

Pmktt.  P.  B St.  Philip  and  St.  Michael... Charleston; 

Rhodes,  George St.  Peter's Lawtonville. 

RICHARDSON,  P.  D St.  Philip  and  St.  Michael...  Chariest  on. 

vPniiAitnsoN,  ,J.  P Clarendon Fulton. 

Robinson,  D.  P Lancaster Craigville. 

ROWELL,  W.  B Marion  Marion  C.  II. 

RUTLEDOE,  B.  II St.  Philip  and  St .  .Michael. ..Charleston. 

Scott,  B.  B St.  Paul's  Summerville. 

Skahkook,  E.  M St.  Luke's Bluffton. 

SeabrooK,  C.  W.,  Sr St.  John's,  Colleton Charleston. 

Sessions,  B.  B All  Saints Conwayboro*. 

Shingler,  J.  AI St.  James',  Goose  Creek Holly  Hill. 


LIST    OF    MEMBERS.  319 

NAME.  DISTRICT.  POST-OFFICE. 

Siiinoler,  W.  P Christ  Church Charleston. 

Simons,  T.  Y.,  Jr St.  Philip  and  St,  Michael. ..Charleston. 

^..-Simpson,  11.  F Anderson Pendleton. 

Smyly,  J.  C Edgefield Lotts. 

Smith,  J.  J.  P St.  Philip  and  St,  Michael. ..Charleston. 

Snowden,  P.  Cr St.  John's,  Berkley Black  Oak. 

Spain.  A.  C Sumter Sumter  C.  II. 

Spratt,  L.  W St,  Philip  and  St.  Michael. ..Charleston. 

•^Sprinos,  A.  B York Fort  Mills. 

Stokes,  P St.  Bartholomew's Branchville. 

Sims,  J.  S Union  Pacelot  Mills. 

Thompson,  Robert  A Pickens Pickens  C.  II. 

Thomson,  Thomas Abbeville Abbeville  C.  II. 

Timmons,  J.  M Darlington Timmonsville. 

To  Mi' kins,  .lames Edgefield Park's  State. 

Townsend,  John St,  Philip  and  St. Michael. .Edisto Island. 

\VA<iNEK,  T.  D St.  Philip  and  St.  Michael. ..Charleston. 

Wanxamaker.  John  J. ..St.  Mathew's St.  Mathew's. 

<-  Wardlaw,  P.  L Abbeville Abbeville  C  II. 

Wvrim.aw,  F.  II Edgefold Edgefield  C.  II. 

Watts,  W.  D Laurens Laurens  C.  II. 

Wier,  Thomas,  Sr Laurens Clinton. 

i^Whitner,  J.N Anderson Anderson  0.  H. 

Williams,  J.  D Laurens Spring  Grove. 

Wilson,  1.  J) Darlington Society  Hill. 

Wilson,  J.  II Abbeville Abbeville  C.  II. 

Wilson,  W.  B York Yorkville. 

Withers,  T.  J Kershaw Cairn  1  en. 

Woods,  Richard Chester Carmel  Hill. 

YorNii,  Henry  C Laurens , Laurens  C.  II. 

B.  F.  Arthur,  Clerk Union Union  C.  II. 


James  Conner  St.  Philip  and  St,  Michael. ..Charleston. 

(Elected  in  the  place  of  II.  VV.  Conner,  deceased.) 

Thomas  Smith Burlington Society  Hill. 

(Elected  in  the  place  ol  J.  A.  Darqan,  deceased.) 


APPENDIX. 


21 


AN  ACT  TO  PROVIDE  FOR  THE  CALLING  OF 
A  CONVENTION  OF  THE  PEOPLE  OF  THIS 
STATE. 

1.  Be  It  enacted  by  the  Senate  and  House  of  Representa- 
tives, now  met  and  sitting  in  General  Assembly,  and  by 
the  authority  of  the  same,  That  a  Convention  of  the  Peo- 
ple of  the  State  of  South  Carolina  is  hereby  ordered  to  he 
assembled  in  the  City  of  Columbia,  on  Monday,  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty,  for  the  purpose  of  taking 
into  consideration  the  dangers  incident  to  the  position  of 
tlie  State  in  the  Federal  Union  established  by  the  Consti- 
tution of  the  United  States,  and  the  measures  which  may 
be  necessary  and  proper  for  providing  against  the  same, 
and  thereupon  to  take  care  that  the  Commonwealth  of 
South  Carolina  shall  suffer  no  detriment. 

2.  That  on  the  sixth  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  the  Man- 
agers of  Elections  for  the  several  Districts  in  the  State 
shall,  after  giving  public  notice  as  in  cases  of  elections  for 
Members  of  the  Legislature,  open  the  polls  and  hold  elec- 
tions in  their  respective  Districts  for  Delegates  to  the 
said  Convention,  in  all  respects  in  the  same  manner  and 
form,  and  at  the  same  places,  as  elections  are  now  con- 
ducted for  members  of  the  Legislature.  And  all  persons 
who  are  qualified  and  entitled  by  the  Constitution  and 
Laws  of  this  State  to  vote  for  members  of  the  Legislature, 
shall  be  qualified  and  entitled  to  vote  for  said  Delegates  to 
said  Convention;  and  in  case  of  any  vacancy  occurring  by 
death,  resignation  or  removal  from  the  State,  or  refusal  to 
serve,  of  any  person  elected  a  Delegate  to  the  said  Conven- 
tion, the  Presiding  Officer  of  the  said  Convention  shall 
issue  his  Writ,  authorizing  and  requiring  the  Managers  of 


324  APPENDIX. 

Elections  in  the  Election  District  in  which  such  vacancy 
may  liavc  occurred,  after  giving  due  notice  thereof,  to  open 
a  poll  and  hold  an  election  to  till  such  vacancy,  as  in  cases 
for  the  election  of  Members  of  the  Legislature.  That  the 
Managers  in  the  several  Election  Districts  and  Parishes 
shall  meet  on  Friday,  the  seventh  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty, 
count  the  votes  and  declare  the  election. 

3.  That  each  Election  District  throughout  the  State  shall 
be  entitled  to  elect  and  send  to  the  said  Convention  a 
number  of  Delegates  equal  to  the  whole  number  of  Sen- 
ators and  Representatives  which  such  District  is  now  enti- 
tled to  send  to  the  Legislature,  and  the  Delegates  to  the 
said  Convention  shall  be  entitled  to  the  same  freedom  of 
arrest  in  going  to,  returning  from,  and  whilst  in  attend- 
ance on  said  Convention,  as  is  extended  to  the  Members  of 
the  Legislature. 

4.  That  all  free  white  male  citizens  of  this  State  of  the 
age  of  twenty-one  years  and  upwards,  and  who  arc  entitled 
to  vote  for  members  of  the  State  Legislature,  shall  be  eli- 
gible to  a  seat  in  the  said  Convention. 

In  the  Senate  House,  the  thirteenth  day  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty,  and  in  the  eighty-tilth  year  of  the  sover- 
eignty and  independence  of  the  United  States  of 
America.' 

WILLIAM  D.  PORTER, 

President  of  the  Si  nate. 
JAMES  SIMONS, 

Speak  r  House  of  Representatives. 


DECLARATION  OF  TIIE  IMMEDIATE  CAUSES 
WHICH  INDUCE  AND  JUSTIFY  THE  SECES- 
SION OF  SOUTH  CAROLINA  FROM  TIIE 
FEDERAL  UNION. 

The  People  of  the  State  of  South  Carolina,  in  Conven- 
tion assembled,  on  the  26th  day  of  April,  A.  D.,  1852, 
declared  that  the  frequent  violations  of  the  Constitution  of 
the  United  States,  by  the  Federal  Government,  and  its 
encroachments  upon  the  reserved  rights  of  the  States,  fully 
justified  this  State  in  then  withdrawing  from  the  Federal 
Union;  but  in  deference  to  the  opinions  and  wishes  of  the 
other  slaveholding  States,  she  forbore  at  that  time  to  exer- 
cise this  right.  Since  that  time,  these  encroachments  have 
continued*  to  increase,  and  further  forbearance  ceases  to  be 
a  virtue. 

And  now  the  State  of  South  Carolina  having  resumed 
her  separate  and  equal  place  among  nations,  deems  it  due 
to  herself,  to  the  remaining  United  States  of  America, 
and  to  the  nations  of  the  world,  that  she  should  declare  the 
immediate  causes  which  have  led  to  this  act. 

In  the  year  1765,  that  portion  of  the  British  Empire 
embracing  Great  Britain,  undertook  to  make  laws  for  the 
government  of  that  portion  composed  of  the  thirteen  Amer- 
ican Colonies.  A  struggle  for  the  right  of  self-govern- 
ment ensued,  which  resulted,  on  the  4th  of  July,  1776,  in 
a  Declaration,  by  the  Colonies,  "that  they  are,  and  of  right 
ought  to  be,  FREE  AND  INDEPENDENT  STATES; 
and  that,  as  free  and  independent  States,  they  have  full 
power  to  levy  war,  conclude  peace,  contract  alliances,  estab- 
lish commerce,  and  to  do  all  other  acts  and  things  which 
independent  States  may  of  right  do." 

They  further  solemnly  declared  that  whenever  any  "form 
of  government  becomes  destructive  of  the  ends  for  which 


32G  APPENDIX. 

it  waa  established,  it  is  the  right  of  the  people  to  alter  or 
abolish  it.  and  to  institute  a  new  government."  Deeming 
the  Government  of  Great  Britain  to  have  become  destruc- 
tive of  these  ends,  they  declared  thai  the  Colonies  "are 
absolved  from  all  allegiance  to  the  British  Crown,  and  thai 
all  political  connection  between  them  and  the  State  of 
Greal  Britain  is,  and  ought  to  be,  totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each 
of  the  thirteen  States  proceeded  to  exercise  its  separate 
sovereignty;  adopted  for  itself  a  Constitution,  and  appoint- 
ed officers  for  the  administration  of  government  in  all  its 
departments — Legislative,  Executive  and  Judicial.  For 
purposes  of  defence,  they  united  their  arms  and  their  coun- 
sels; and.  in  1778,  they  entered  into  a  League  known  as 
the  Articles  of  Confederation,  whereby  they  agreed  to  en- 
trust the  administration  of  their  external  relations  to  a 
common  agent,  known  as  the  Congress  of  the  United 
Slates,  expressly  declaring,  in  the  first  article,  "that  cadi 
State  retains  its  sovereignty,  freedom  and  independence, 
and  every  power,  jurisdiction  and  right  which  is  not,  by 
this  Confederation,  expressly  delegated  to  the  United  States 
in  Congress  assembled." 

Under  this  Confederation  the  War  of  the  Revolution  was 
carried  on,  and  on  the  3d  September,  178'),  the  contest 
ended,  and  a  definite  Treaty  was  Bigned  by  Great  Britain, 
in  which  she  acknowledged  the  Independence  of  the  Colo- 
nies in  the  following  terms  ; 

"Article  1. — His  Britannic  Majesty  acknowledges  the  said 
United  States,  viz*:  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Carolina  and  Geor- 
gia, to  he  FEES,  SOVEREIGN  AND  INDEPENDENT 
STATES:  that  lie  treats  with  them  as  such  ;  and  for  him- 
self, his  heirs  and  successors,  relinquishes  all  claims  to  the 
government,  propriety  and  territorial  rights  of  the  same 
and  every  part  thereof." 

Thus  were  estahlished  the  two  great  principles  asserted 


APPENDIX.  327 

by  the  Colonies,  namely :  the  right  of  a  State  to  govern 
itself;  and  the  right  of  a  people  to  abolish  a  Government 
when  it  becomes  destructive  of  the  ends  for  which  it  was 
instituted.  And  concurrent  with  the  establishment  of  these 
principles,  was  the  fact,  that  each  Colony  became  and  was 
recognized  by  the  mother  Country  as  a  FREE,  SOVER- 
EIGN AND  INDEPENDENT  STATE. 

In  1787,  Deputies  were  appointed  by  the  States  to  revise 
the  Articles  of  Confederation,  and  on  17th  September, 
1787,  these  Deputies  recommended,  for  the  adoption  of  the 
States,  the  Articles  of  Union,  known  as  the  Constitution 
of  the  United  States. 

The  parties  to  whom  this  Constitution  was  submitted, 
were  the  several  sovereign  States;  they  were  to  agree  or 
disagree,  and  when  nine  of  them  agreed,  the  compact  was 
to  take  effect  among  those  concurring;  and  the  General 
Government,  as  the  common  agent,  was  then  to  be  invest- 
ed with  their  authority. 

If  only  nine  of  the  thirteen  States  had  concurred,  the 
other  four  would  have  remained  as  they  then  were — separ- 
ate, sovereign  States,  independent  of  any  of  the  provisions 
of  the  Constitution.  In  fact,  two  of  the  States  did  not 
accede  to  the  Constitution  until  long  after  it  had  gone  into 
operation  among  the  other  eleven  :  and  (hiring  that  inter- 
val, they  each  exercised  the  functions  of  an  independent 
nation. 

By  this  Constitution,  certain  duties  were  imposed  upon 
the  several  States,  and  the  exercise  of  certain  of  their  pow- 
ers was  restrained,  which  necessarily  implied  their  contin- 
ued existence  as  sovereign  States.  But,  to  remove  all 
doubt,  an  amendment  was  added,  which  declared  that  the 
j  towers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States,  respectively,  or  to  the  people.  On  2Sd  May,  1788, 
South  Carolina,  by  a  Convention  of  her  people,  passed  an 
Ordinance  assenting  to  this  Constitution,  and  afterwards 
altered  her  own  Constitution,  to  conform  herself  to  the 
obligations  she  had  undertaken. 


328  Ari>i:Ni>ix. 

Thua  was  established,  by  compact  between  the  Stat.'-,  a 
Government,  with  defined  objeota  and  powers,  Limited  to 
the  express  words  of  the  grant.  This  Limitation  Left  the 
whole  remaining  mass  of  power  subject  to  the  clause  re- 
serving it  to  the  States  or  to  the  people,  and  rendered 
unnecessary  any  specification  of  reserved  rights. 

W'r  hold  that  the  Government  thus  established  is  sub- 
ject to  the  two  great  principles  asserted  in  the  Declaration 
of  Independence;  and  we  hold  further,  that  the  mode  of 
its' formation  subjects  it  to  a  third  fundamental  principle, 
namely;  the  law  of  compact  AVe  maintain  that  in  every 
compact  between  two  or  more  parties,  the  obligation  is 
mutual ;  that  the  failure  of  one  of  the  contracting  parties 
to  perform  a  material  part  of  the  agreement,  entirely 
releases  the  obligation  of  the  other;  and  that  where  no 
arbiter  is  provided,  each  party  is  remitted  to  his  own  judg- 
ment to  determine  the  fact  of  failure,  with  all  its  conse- 
quences. 

In  the  present  case,  that  fact  is  established  with  certainty. 
We  assert  that  fourteen  of  the  States  have  deliberately 
refused,  for  years  past,  to  fulfill  their  constitutional  obliga- 
tions, and  we  refer  to  their  own  Statutes  for  the  proof. 

The  Constitution  of  the  United  States,  in  its  Fourth 
Article,  provides  as  follows: 

"  \<»  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  Labor,  but  shall  be  delivered  up,  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due." 

This  stipulation  was  so  material  to  the  compact,  that 
without  it  that  compact  would  not  have  been  made.  The 
greater  number  of  the  contracting  parties  held  slaves,  and 
they  had  previously  evinced  their  estimate  of  the  value 
of  such  a  stipulation  by  making  it  a  condition  in  the 
Ordinance  for  the  government  of  the  territory  ceded  by 
Virginia,  which  now  composes  the  States  north  of  the  Ohio 
river. 


APPENDIX.  329 

The  same  article  of  the  Constitution  stipulates  also  for 
rendition  by  the  several  States  of  fugitives  from  justice 
from  the  other  States. 

The  General  Government,  as  the  common  agent,  passed 
laws  to  carry  into  effect  these  stipulations  of  the  States. 
For  many  years  these  laws  were  executed.  But  an  increas- 
ing hostility  on  the  part  of  the  non-slaveholding  States  to 
the  Institution  of  Slavery,  has  led  to  a  disregard  of  their 
obligations,  and  the  laws  of  the  General  Government  have 
ceased  to  effect  the  objects  of  the  Constitution.  The  States 
of  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Con- 
necticut, Rhode  Island,  New  York,  Pennsylvania,  Illinois, 
Indiana,  Michigan,  Wisconsin  and  Iowa,  have  enacted 
laws  which  either  nullity  the  Acts  of  Congress  or  render 
useless  any  attempt  to  execute  them.  In  many  of  these 
States  the  fugitive  is  discharged  from  the  service  or  labor 
claimed,  and  in  none  of  them  has  the  State  Government 
complied  with  the  stipulation  made  in  the  Constitution. 
The  State  of  New  Jarsey,  at  an  early  day,  passed  a  law 
in  conformity  with  her  constitutional  obligation;  but  the 
current  of  anti-slavery  feeling  has  led  her  more  recently  to 
enact  laws  which  render  inoperative  the  remedies  provided 
by  her  own  law  and  by  the  laws  of  Congress.  In  the  State 
of  New  York  even  the  right  of  transit  for  a  slave  has  been 
denied  by  her  tribunals;  and  the  States  of  Ohio  and  Iowa 
have  refused  t<>  surrender  to  justice  fugitives  charged  with 
murder,  and  with  inciting  servile  insurrection  in  the  State  of 
Virginia.  Thus  the  constituted  compact  has  been  delib- 
erately broken  and  disregarded  by  the  non-slaveholding 
States,  and  the  consequence  follows  that  South  Carolina  is 
released  from  her  obligation. 

The  ends  for  which  this  Constitution  was  framed  are 
declared  by  itself  to  be  "to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquility,  provide  for 
the  common  defence,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  pos- 
terity'." 

These  ends  it  endeavored   to  accomplish  by  a  Federal 


380  Ari'F.xiiix. 

Government,  in  which  each  State  was  recognized  as  an 
equal,  and  had  separate  control  over  its  own  institutions. 
'I'Ik  righl  of  property  in  slaves  was  recognized  by  giving 
to  free  persons  distinct  political  rights,  by  giving  them 
the  righl  to  represent,  and  burthening  them  with  direct 
taxes  for  three-fifths  of  their  slaves;  by  authorizing  the 
importation  of  slaves  tor  twenty  years;  and  by  stipulating 
for  the  rendition  of  fugitives  from  labor, 

We  affirm  that  these  ends  for  which  this  Government  was 
instituted  have  been  defeated,  and  the  Government  itself 
lias  been  made  destructive  of  them  by  the  action  of  the  non- 

slaveholding  States.      Those  Slates  have   assumed  the  right 

of  deciding  upon  the  propriety  of  our  domestic  institutions; 

and  have  denied  the  rights  of  property  established  in  tiflecn 
of  the  State-  and  recognized  by  the  Constitution  :  they  have 
denounced  as  sinful  the  institution  of  Slavery  :  they  have 
permitted  tin'  open  establishment  amongthem  of  societies, 
whose  avowed  object  is  to  disturb  the  peace  and  to  eloign 
the  property  of  the  citizens  of  other  States.  They  have 
encouraged  and  assisted  thousands  of  our  slaves  to  Leave 
their  homes  ;  and  those  who  remain,  have  been  incited  by 
emissaries,  hooks  and  pictures,  to  servile  insurrection. 

For  twenty-five  years  this  agitation  has  been  steadily 
increasing,  until  it  has  now  secured  t>>  its  aid  the  power  of 
the  Common  Government.  Observing  the  forms  of  the 
Constitution,  a  sectional  party  has  found  within  that  Article 
establishing  the  Executive  Department,  the  means  of  sub- 
verting the  Constitution  itself.  A  geographical  line  has 
been  drawn  across  the  Union,  and  all  the  States  north  of 
that  line  have  united  in  the  election  of  a  man  to  the  high 
oflS.ce  ol  President  of  the  United  States,  whose  opinions  and 
purposes  are  hostile  to  slavery.  He  is  to  be  entrusted  with 
the  administration  of  the  Common  Government,  because 
he  has  declared  that  that  "  Government  cannot  endure  per- 
manently half  slave,  half  free,"  and  that  the  public  mind 
must  rest  in  the  belief  that  Slavery  is  in  the  course  of  ulti- 
mate extinction. 

This    sectional   combination  for  the  submersion  of  the 


APPENDIX.  331 

Constitution,  lias  been  aided  in  some  of  the  States  by  ele- 
vating to  citizenship,  persons,  who,  by  the  Supreme  Law 
of  the  land,  are  incapable  of  becoming  citizens;  and  their 
votes  have  been  used  to  inaugurate  a  new  policy,  hostile  to 
the  South,  and  destructive  of  its  peace  and  safety. 

On  the  4th  March  next,  this  party  will  take  possession  of 
the  Government.  It  has  announced,  that  the  South  shall 
he  excluded  from  the  common  Territory  :  that  the  Judicial 
Tribunals  shall  he  made  sectional,  and  that  a  war  must  be 
waged  against  slavery  until  it  shall  cease  throughout  the 
United  States. 

The  guaranties  of  the  Constitution  will  then  no  longer 
exist;  the  equal  rights  of  the  States  will  be  lost.  The 
slaveholding  States  will  no  longer  have  the  power  of  self- 
government,  or  self-protection,  and  the  Federal  Govern- 
ment will  have  become  their  enemy. 

Sectional  interest  and  animosity  will  deepen  the  irrita- 
tion, and  all  hope  of  remedy  is  rendered  vain,  by  the  fact 
that  public  opinion  at  the  North  has  invested  a  great  politi- 
cal error  with  the  sanctions  of  a  more  erroneous  religious 
belief. 

We,  therefore,  the  people" of  South  Carolina,  by  our  del- 
egates, in  Convention  assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our  intentions, 
lime  solemnly  declared  that  the  Union  heretofore  existing 
between  this  State  and  the  other  States  of  North  America. 
is  dissolved,  and  that  the  State  of  South  Carolina  lias  re- 
sumed her  position  among  the  nations  of  the  world,  as  a 
separate  and  independent  State;  with  full  power  to  levy 
war,  conclude  peace,  contract  alliances,  establish  commerce, 
and  to  do  all  other  acts  and  things  which  independent 
States  may  of  right  do. 


THE  ADDRESS  OF  THE  PEOPLE  OF  SOPTII  CARO- 
LINA, ASSEMBLED  IN  CONVENTION,  TO  THE 
PEOPLE  OF  THE  SLAVEHOLDING  STATES  OF 
THE  UNITED  STATES. 

Tt  is  seventy-three  years  since  the  Onion  between  the 
United  States  was  made  by  the  Constitution  of  the  United 
States.  During  this  time,  their  advance  in  wealth,  pros- 
perity and  power  lias  been  with  scarcely  a  parallel  in  the 
history  of  the  world.  The  great  object  of  their  Union  was 
defence  against  external  aggression  ;  which  object  is  now 
attained,  from  their  mere  progress  in  power.  Thirty-one 
millions  of  people,  with  a  commerce  and  navigation  which 
explore  every  sea,  and  with  agricultural  productions  which 
arc  necessary  to  every  civilized  people,  command  the  friend- 
ship of  the  world.  But  unfortunately,  our  internal  peace 
has  not  grown  with  our  external  prosperity.  Discontent 
and  contention  have  moved  in  the  bosom  of  the  Confeder- 
acy for  the  last  thirty-five  years.  During  this  time,  South 
Carolina  has  twice  called  her  people  together  in  solemn 
Convention,  to  take  into  consideration  the  aggressions  and 
unconstitutional  wrongs  perpetrated  by  the  people  of  the 

North  on  the  people  of  the  South.  These  wrongs  were 
submitted  to  by  the  people  of  the  South,  under  the  hope 
and  expectation  that  they  would  he  final.  Bui  such  hope 
and  expectation,  have  proved  to  he  vain.  Instead  of  pro- 
ducing forbearance,  our  acquiescence  has  only  instigated 
to  new  forms  of  affffression  and  outrage:  and  South  Caro- 
lina,  having  again  assembled  her  people  in  Convention,  has 
this  day  dissolved  her  connexion  with  the  States  constitut- 
ing the  United  States. 

The  one  great  evil,  from  which  all  other  evils  have 
flowed,  is  the  overthrow  of  the  Constitution  of  the  United 


APPENDIX.  333 

States.  The  Government  of  the  United  States  is  no  longer 
the  Government  of  Confederated  Republics,  but  of  a  con- 
solidated Democracy.  It  is  no  longer  a  free  Government, 
hut  a  despotism.  It  is,  in  fact,  such  a  Government  as 
Great  Britain  attempted  to  set  over  our  fathers  ;  and  which 
was  resisted  and  defeated  by  a  seven  years'  struggle  for 
independence. 

The  Revolution  of  1770,  turned  upon  one  great  principle, 
self-government, — and  self-taxation,  the  criterion  of  self- 
government.  Where  the  interests  of  two  people  united 
together  under  one  Government,  are  different,  each  must 
have  the  [tower  to  protect  its  interests  by  the  organization 
of  the  Government,  or  they  cannot  he  free.  The  interests 
of  Great  Britain  and  of  the  Colonies,  were  different  and 
antagonistic.  Great  Britain  was  desirous  of  carrying  out 
the  policy  of  all  nations  towards  their  Colonies,  of  making 
them  tributary  to  her  wealth  and  power.  She  had  vast  and 
complicated  relations  with  the  whole  world.  Her  policy 
towards  her  North  American  Coloines  was  to  identify  them 
with  her  in  all  these  complicated  relations;  and  to  make 
them  bear,  in  common  with  the  rest  of  the  Empire,  the  full 
burden  of  her  obligations  and  necessities.  She  had  a  vast 
public  debt ;  she  had  an  European  policy  and  an  Asiatic 
policy,  which  had  occasioned  the  accumulation  of  her  pub- 
lic debt  :  and  which  kept  her  in  continual  wars.  The 
North  American' Colonies  saw  their  interests,  political  and 
commercial,  sacrificed  by  such  a  policy.  Their  interests 
required  that  they  should  not  be  identified  with  the  bur- 
dens and  wars  of  the  mother  country.  They  had  been  set- 
tled under  Charters,  which  gave  them  self-government ;  at 
least  so  far  as  their  property  was  concerned.  They  had 
taxed  themselves,  and  had  never  been  taxed  by  the  Govern- 
ment of  Great  Britain.  To  make  them  a  part  of  a  consoli- 
dated Empire,  the  Parliament  of  Great  Britain  determined 
to  assume  the  power  of  legislating  for  the  Colonies  in  all 
cases  whatsoever.  Our  ancestors  resisted  the  pretention. 
They  refused  to  be  a  part  of  the  consolidated  Government 
of  Great  Britain. 


384  appendix. 

The  Southern  States  now  stand  exactly  in  the  same  posi- 
tion toward-  the  Northern  States,  that  the  Colonies  did 
towards  Great  Britain.  The  Northern  States,  having  the 
majority  in  Congress,  claim  the  same  power  of  omnipotence 

in  Legislation  as  the  British  Parliament.  "The  General 
Welfare,"  is  the  only  limit  to  the  legislation  of  either;  and 
the  majority  in  Congress,  as  in  the  British  Parliament,  are 
the  sole  judges  of  the  expediency  oi  the  legislation  this 
"General  Welfare"  requires.  Thus,  the  Government  of 
the  United  Siates  has  become  a  consolidated  Government; 
and  the  people  of  the  Southern  States  are  compelled  to 
meet  the  very  despotism  their  fathers  threw  oft'  in  the  Revo- 
lution of  1776. 

The  consolidation  of  the  Government  of  Great  Britain 
over  the  Colonies,  was  attempted  to  be  carried  out  by  the 
taxes.  The  British  Parliament  undertook  to  tax  the  Colo- 
nies, to  promote  British  interests.  Our  fathers  resisted  this 
pretention.  They  claimed  the  right  of  self-taxation  through 
their  Colonial  Legislatures,  They  were  not  represented  in 
the  British  Parliament,  and,  therefore,  could  not  rightly  he 
taxed  by  its  legislation.  The  British  Government  how- 
ever, offered  them  a  representation  in  parliament;  hut  it 
was  not  sufficient  to  enable  them  to  protect  themselves 
fr  nn  the  majority,  and  they  refused  the  offer.  Between 
taxation  without  any  representation,  and  taxation  without 
a  representation  adequate  to  protection,  there  was  no  dif- 
ference. In  neither  case  would  the  Colonies  tax  them- 
selves. Hence,  they  refused  to  pay  the  taxes  laid  by  the 
British  Parliament. 

And  so  with  the  Southern  States,  towards  the  Northern 
States,  in  the  vital  matter  of  taxation.  They  are  in  a 
minority  in  Congress.  Their  representation  in  Congress, is 
useless  to  protect  them  against  unjust  taxation  ;  and  they 
are  taxed  by  the  people  of  the  North  for  their  benefit,  exactly 
as  the  people  of  Great  Britain  taxed  our  ancestors  in  the 
British  Parliament  for  their  benefit.  For  the  last  forty 
years,  the  taxes  laid  by  the  Congress  of  the  United  States, 
have  been   laid  with  a  view  of  subservint>-  the  interests  of 


APPENDIX.  835 

the  North.  The  people  of  the  South  have  been  taxed  by 
duties  on  imports,  not  for  revenue,  but  for  an  object  incon- 
sistent with  revenue — to  promote,  by  prohibitions.  North- 
ern interests  in  the  productions  of  their  mines  and  manu- 
factures. 

There  is  another  evil,  in  the  condition  of  the  Southern 
towards  the  Northern  States,  which  our  ancestors  refused 
to  bear  towards  Great  Britain.  Our  ancestors  not  only 
taxed  themselves,  but  all  the  taxes  collected  from  them, 
were  expended  amongst  them.  Had  they  submitted  to  the 
pretentions  of  the  British  Government,  the  taxes  collected 
from  them  would  have  been  expended  in  other  parts  of  the 
British  Empire.  They  were  fully  aware  of  the  effect  of 
such  a  policy  in  impoverishing  the  people  from  whom 
taxes  are  collected,  and  in  enriching  those  who  receive  the 
benefit  of  their  expenditure.  To  prevent  the  evils  of  such 
a  policy,  was  one  of  the  motives  which  drove  them  on  to 
Revolution.  Yet  this  British  policy  has  been  fully  realized 
towards  the  Southern  States,  by  the  Northern  States.  The 
people  of  the  Southern  States  are  not  only  taxed  for  the 
benefit  of  the  Northern  States,  but  after  the  taxes  are  col- 
lected, three-fourths  of  them  are  expended  at  the  North. 
This  cause,  with  others,  connected  with  the  operation  of 
the  General  Government,  has  made  the  cities  of  the  South 
provincial.  Their  growth  is  paralyzed  ;  they  are  mere 
suburbs  of  Northern  cities.  The  agricultural  productions 
of  the  South  are  the  basis  of  the  foreign  commerce  of  the 
United  States ;  yet  Southern  cities  do  not  carry  it  on. 
Our  foreign  trade  is  almost  annihilated.  In  1740,  there 
were  live  ship-yards  in  South  Carolina,  to  build  ships  to 
carry  on  our  direct  trade  with  Europe.  Between  1740  and 
1779,  there  were  built  in  these  yards,  twenty-five  square- 
rigged  vessels,  besides  a  great  number  of  sloops  and 
schooners,  to  carry  on  our  coast  and  West  India  trade. 
In  the  half  century  immediately  preceding  the  Revolution, 
from  1725  to  1775,  the  population  of  South  Carolina 
increased  seven-fold. 

No  man  can,  for  a  moment,  believe  that  our  ancestors 


33G  APPENDIX. 

Intended  to  establish  over  their  posterity,  exactly  the  same 
sort  of  Government  they  had  overthrown.  The  great 
object  of  tlir  Constitution  of  the  United  states,  in  its  inter- 
na] operation,  was.  doubtless,  to  Becure  the  great  end  of 
the  Revolution — a  limited  free  Government — a  Govern* 
meat  limited  to  those  matters  only,  which  were  general  and 
common  to  all  portions  Of  the  United  States.  All  sectional 
OT  local  interests,  were  to  be  left  to  the  States.  I>v  no  other 
arrangement  would  they  obtain  free  Government,  by  a 
Constitution  common  to  so  vast  a  Confederacy.  Yet,  by 
gradual  and  steady  encroachments  on  the  part  of  the 
people  <«f  the  North,  and  acquiescence  on  the  part  <>t'  the 
South,  the  limitations  in  the  Constitution  have  been  swept 
away  :  and  the  Government  of  the  United  States  has 
become  consolidated,  with  a  claim  of  limitless  powers  in 
its  operations. 

It  is  not  at  all  surprising,  such  being  the  character  of 
the  Government  of  the  United  States,  that  it  should  assume 
to  possess  power  over  all  the  institutions  of  the  country. 
The  agitations  on  the  subject  of  slavery,  are  the  natural 
results  of  the  consolidation  of  the  Government.  Respon- 
sibility follows  power;  and  if  the  people  of  the  North 
have  the  power  by  Congress  "to  promote  the  general 
welfare  of  the  United  States,"  by  any  means  they  deem 
expedient, — why  should  they  not  assail  and  overthrow  the 
institution  of  slavery  in  the  South  ?  They  are  responsible 
for  its  continuance  or  existence,  in  proportion  to  their 
power.  A  majority  in  Congress,  according  to  their  inter- 
ested and  perverted  views,  is  omnipotent,  The  induce- 
ments to  act  upon  the  subject  of  slavery,  under  such  cir- 
cumstances, were  so  imperious,  as  to  amount  almost  to  a 
moral  necessity.  To  make,  however,  their  numerical 
power  available  to  rule  the  Union,  the  North  must  con- 
solidate their  power.  It  would  not  be  united,  on  any 
matter  common  to  the  whole  Union — in  other  wrords,  on 
any  constitutional  subject — for  on  such  subjects  divisions 
are  as  likely  to  exist  in  the  North  as  in  the  South.  Slavery 
was  strictly  a  sectional  interest.     If  this  could  be  made  the 


APPENDIX.  337 

criterion  of  parties  at  the  North,  the  North  could  he  united 
in  its  power;  and  thus  cany  out  its  measures  of  sectional 
ambition,  encroachment  and  aggrandizement.  To  build 
up  their  sectional  predominance  in  the  Union,  the  Consti- 
tution must  be  first  abolished  by  constructions  ;  but  that 
being  done,  the  consolidation  of  the  North,  to  rule  the 
South,  by  the  tariff  and  slavery  issues,  was  in  the  obvious 
course  of  things. 

The  Constitution  of  the  United  States  was  an  experi- 
ment. The  experiment  consisted,  in  uniting:  under  one 
Government,  peoples  living  in  different  climates,  and  hav- 
ing different  pursuits  and  institutions.  It  matters  not, 
how  carefully  the  limitations  of  such  a  Government  be  laid 
down  in  the  Constitution — its  success  must,  at  least,  depend 
upon  the  good  faith  of  the  parties  to  the  constitutional 
compact,  in  enforcing  them.  It  is  not  in  the  power  of 
human  language  to  exclude  false  inferences,  constructions 
and  perversions,  in  any  Constitution  ;  and  when  vast  sec- 
tional interests  are  to  be  subserved,  involving  the  appro- 
priation of  countless  millions  of  money,  it  has  not  been 
the  usual  experience  of  mankind,  that  words  on  parch- 
ments can  arrest  power.  The  Constitution  of  the  United 
States,  irrespective  of  the  interposition  of  the  States,  rested 
on  the  assumption  that  power  would  yield  to  faith — that 
integrity  would  be  stronger  than  interest;  and  that  thus, 
the  limitations  of  the  Constitution  would  be  observed.  The 
experiment  has  been  fairly  made.  The  Southern  States, 
from  the  commencement  of  the  Government,  have  striven 
to  keep  it  within  the  orbit  prescribed  by  the  Constitution. 
The  experiment  has  failed.  The  whole  Constitution,  by 
the  constructions  of  the  Northern  people,  has  been  ab- 
sorbed by  its  preamble.  In  their  reckless  lust  for  power, 
they  seem  unable  to  comprehend  that  seeming  paradox — 
that  the  more  power  is  given  to  the  General  Government, 
the  weaker  it  becomes.  Its  strength  consists  in  the  limita- 
tion of  its  agency  to  objects  of  common  interests  to  all 
sections.  To  extend  the  scope  of  its  power  over  sec- 
tional   or   local    interests,  is   to   raise    up   against   it    oppo- 


".•"N  APPENDIX. 

sit i< 'ii  and  resistance.  In  all  such  matters,  the  General 
Government  must  necessarily  be  a  despotism,  because  all 
sectional  or  local  interests  musl  ever  be  represented  by  ;t 
minority  in  the  councils  of  the  General  Government — 
having  no  power  to  protect  itself  against  the  rule  of 
the  majority.  The  majority,  constituted  from  those  who 
do  not  represent  these  sectional  or  local  interests,  will 
control  ami  govern  them.  A  tree  people  cannot  submit  to 
sucb  a  Government.  Ami  the  more  it  enlarges  the  sphere 
of  its  power,  the  greater  must  he  the  dissatisfaet ion  it  must  • 
produce,  and  the  weaker  it  must  become.  On  the  con- 
trary, the  more  it  abstains  from  usurped  powers,  and  the 
more  faithfully  it  adheres  to  the  limitations  of  tin-  Consti- 
tution,  the  stronger  it  is  made.  The  Northern  people  have 
had  neither  the  wisdom  nor  the  faith  to  perceive,  that  to 
observe  the  limitations  of  the  Constitution  was  the  only 
way  to  its  perpetuity. 

1'uder  such  a  Government,  there  must,  of  course,  be 
many  and  endless  "irrepressible  conflicts,"  between  the 
two  great  sections  of  the  Union.  The  same  faithlessness 
which  has  abolished  the  Constitution  iA'  the  Tinted  States, 
will  not  fail  to  carry  out  the  sectional  purposes  for  which  it 
has  been  abolished.  There  must  he  conflict :  and  the 
weaker  section  of  the  I'nion  can  only  find  peace  and  lib- 
erty in  an  independence  of  the  North.  The  repeated 
efforts  made  by  South  Carolina,  in  a  wise  conservatism,  to 
arrest  the  progress  of  the  General  Government  in  its  fatal 
progress  to  consolidation,  have  been  unsupported,  and  she 
lias  been  denounced  as  faithless  to  the  obligations  of  the 
Constitution,  by  the  vevy  men  and  States,  who  were 
destroying  it  by  their  usurpations.  It  is  now  too  lite  to 
reform  or  restore  the  Government  of  the  United  States. 
All  confidence  in  the  North  is  lost  by  the  South.  The 
faithlessness  of  the  North  for  a  half  century,  has  opened  a 
gulf  of  separation  between  the  North  and  the  South  which 
no  promises  nor  engagements  can  till. 

It  cannot  be  believed,  that  our  ancestors  would  have 
assented    to  any  union    whatever  with   the   people  of  the 


APPENDIX.  339 

North,  if  the  feelings  and  opinions  now  existing  amongst 
them,  had  existed  when  the  Constitution  was  framed. 
There  was  then  no  tariff — no  fanaticism  concerning  ne- 
groes. It  was  the  delegates  from  New  England  who  pro- 
posed in  the  Convention  which  framed  the  Constitution, 
to  the  delegates  from  South  Carolina  and  Georgia,  that  if 
they  would  agree  to  give  Congress  the  power  of  regulating 
commerce  by  a  majority,  that  they  would  support  the  exten- 
sion of  the  African  Slave  Trade  for  twenty  years.  African 
slavery  existed  in  all  the  States  but  one.  The  idea  that  the 
Southern  States  would  be  made  to  pay  that  tribute  to  their 
northern  confederates  which  they  had  refused  to  pay  to 
Great  Britain;  or  that  the  institution  of  Afriean  slavery 
would  be  made  the  grand  basis  of  a  sectional  organization 
of  the  North  to  rule  the  South,  never  crossed  the  imagina- 
tions of  our  ancestors.  The  Union  of  the  Constitution 
was  a  union  of  slaveholding  States.  It  rests  on  slavery,  by 
prescribing  a  representation  in  Congress  for  three-tifths  of 
our  slaves.  There  is  nothing  in  the  proceedings  of  the 
Convention  which  framed  the  Constitution,  to  shew  that 
the  Southern  States  would  have  formed  any  other  Union; 
and  still  less,  that  they  would  have  formed  a  Union  with 
more  powerful  non-slaveholding  States,  having  majority 
in  both  branches  of  the  Legislature  of  the  Government. 
They  were  guilty  of  no  such  folly.  Time  and  the  progress 
of  things  have  totally  altered  the  relations  between  the 
Northern  and  Southern  States,  since  the  Union  was  estab- 
lished. That  identity  of  feelings,  interests  and  institutions 
which  once  existed,  is  gone.  They  are  now  divided,  be- 
tween agricultural — and  manufacturing,  and  commercial 
States;  between  slaveholding  and  non-slaveholding  States. 
Their  institutions  and  industrial  pursuits  have  made  them 
totally  different  peoples.  That  equality  in  the  Government 
between  the  two  sections  of  the  Union  which  once  existed, 
no  longer  exists.  We  but  imitate  the  policy  of  our  fathers 
in  dissolving  a  union  with  non-slaveholding  confederates, 
and  seeking  a  confederation  with  slaveholding  States. 

Experience  has  proved   that   slaveholding  States   cannot 


340  APPENDIX. 

be  Bafe  in  subjection  to  Qon-slaveholding  State.-,  [ndeed, 
tto  people  can  ever  expecl  to  preserve  its  rights  and  Liber- 
ties, unless  these  be  in  its  own  custody.  To  plunder  and 
oppress,  where  plunder  and  oppression  ••an  be  practiced 
with  impunity,  seems  to  be  the  natural  order  of  things. 
The  fairest  portions  of  the  world  elsewhere,  have  been 
turned  into  wildernesses,  and  the  most  civilized  and  pros- 
perous communitiea  have  been  impoverished  and  ruined  by 
anti-slavery  fanaticism.  The  people  of  the  North  have  not 
left  us  in  doubt  as  to  their  designs  and  policy.  Onited  as  a 
section  in  the  late  Presidential  election,  they  have  elected 
as  the  exponent  of  their  policy,  one  who  has  openly  de- 
clared that  all  the  States  of  the  United  States  must  be 
made  free  States  <>r  slave  States.  It  is  true,  that  amongst 
those  who  aided  in  his  election,  there  are  various  shades  of 
anti-slavery  hostility.  But  if  African  slavery  in  the  South- 
ern States  he  the  evil  their  political  combination  affirms  it 
to  be,  the  requisitions  of  an  inexorable  logic,  must  lead 
them  to  emancipation.  If  it  is  right  to  preclude  or  abolish 
slavery  in  a  Territory,  why  should  it  be  allowed  to  remain 
in  the  States?  The  one  is  not  at  all  more  unconstitutional 
than  the  other,  according  to  the  decisions  <>f  the  Supreme 

Court  of  the  Onited  State-.  And  when  it  is  considered 
that  the  Northern  States  will  soon  have  the  power  to  make 
that  Court  what  they  please,  and  that  the  Constitution 
never  has  been  any  barrier  whatever  to  their  exercise  of 
power,  what  check  can  there  be.  in  the  unrestrained  coun- 
sels of  the  North,  to  emancipation?  There  is  sympathy  in 
association,  which  carries  men  along  without  principle;  but 
when  there  is  principle,  and  that  principle  is  fortified  by 
long-existing  prejudices  and  feelings,  association  is  omnipo- 
tent in  party  influences.  In  spite  of  all  disclaimers  and 
professions,  there  can  he  but  one  end  by  the  submission  of 
the  South  to  the  rule  of  a  sectional  anti-slavery  government 
at  Washington;  and  that  end,  directly  or  indirectly,  must 
be — the  emancipation  of  the  slaves  of  the  South.  The 
hypocrisy  of  thirty  years — the  faithlessness  of  their  whole 
course  from  the  commencement  of  our  union  with  them. 


APPENDIX.  341 

shew  that  the  people  of  the  non-slaveholding  North  are 
not,  and  cannot  be  safe  associates  of  the  slaveholding  South, 
under  a  common  government.  Not  only  their  fanaticism. 
but  their  erroneous  views  of  the  principles  of  free  govern- 
ments, render  it  doubtful  whether,  if  separated  from  the 
South,  they  can  maintain  a  free  government  amongst  them- 
selves. Numbers,  with  them,  is  the  great  element  of  free 
government.  A  majority  is  infallible  and  omnipotent. 
"The  right  divine  to  rule  in  kings,*'  is  only  transferred  to 
their  majority.  The  very  object  of  all  Constitutions,  in 
free  popular  Government,  is  to  restrain  the  majority.  Con- 
stitutions, therefore,  according  to  their  theory,  must  be 
most  unrighteous  inventions,  restricting  liberty.  None 
ought  to  exist:  but  the  body  politic  ought  simply  to  have 
a  political  organization,  to  bring  out  and  enforce  the  will  of 
the  majority.  This  theory  may  be  harmless  in  a  small 
community,  having  identity  of  interests  and  pursuits;  but 
over  ;i  vast  State — still  more,  over  a  vast  Confederacy,  hav- 
ing various  and  conflicting  interests  and  pursuits,  it  is  a 
remorseless  despotism.  In  resisting  it,  as  applicable  to  our- 
selves, we  are  vindicating  the  great  cause  of  free  govern- 
ment, more  important,  perhaps,  to  the  world,  than  the  ex- 
istence of  all  the  United  States.  Nor  in  resisting  it,  do  we 
intend  to  depart  from  the  safe  instrumentality,  the  system 
of  government  we  have  established  with  them,  requires. 
In  separating  from  them,  we  invade  no  rights — no  interest 
of  theirs.  We  violate  no  obligation  or  duty  to  them.  As 
separate,  independent  States  in  Convention,  we  made  the 
Constitution  of  the  United  States  with  them ;  and  as  sepa- 
rate independent  States,  each  State  acting  for  itself,  we 
adopted  it,  South  Carolina  acting  in  her  sovereign  capa- 
city, now  thinks  proper  to  secede  from  the  Union.  She 
did  not  part  with  her  Sovereignty  in  adopting  the  Consti- 
tution. The  last  thing  a  State  can  be  presumed  to  have 
surrendered,  is  her  Sovereignty.  Her  Sovereignty  is  her 
life.  Nothing  but  a  clear  express  grant  can  alienate  it. 
Inference  is  inadmissible.  Yet  it  is  not  at  all  surprising 
that  those  who  have  construed  away  all  the  limitations  of 


842  APPENDIX. 

the  Constitution,  Bhould  also  by  construction,  claim  the 
annihilation  of  the  Sovereignty  of  the  States.  Saving 
abolished  all  barriers  to  their  omnipotence,  by  their  faith- 
onstructions  in  the  operations  of  tin."  (Jeneral  (Jovern- 
ment,  it  is  mosl  aatural  thai  tbey  should  endeavour  to  do 
the  same  towards  us  in  the  States.  The  truth  is,  they,hav- 
ing  violated  the  express  provisions  of  the  Constitution,  it  is 
at  an  end,  as  a  compact.  It  is  morally  obligatory  only  on 
those  who  choose  to  accept  its  perverted  terms.  South 
Carolina,  deeming  the  compact  not  only  violated  in  par- 
ticular features,  but  virtually  abolished  by  her  Northern 
confederates,  withdraws  herself  as  a  party  from  its  obliga- 
tions. The  righl  to  do  so,  is  denied  by  her  Northern  eon- 
federates.  They  desire  to  establish  a  sectional  despotism, 
not  only  omnipotent  in  Congress,  but  omnipotent  over  the 
State's  :  and  as  if  to  manifest  the  imperious  necessity  of  pur 
-ion,  they  threaten  us  with  the  sword,  to  coerce  -lib- 
mission  to  their  rule. 
Citizens  of  the  slaveholding  States  of  the  United  States! 

Circumstances   beyond   our   control   have   placed    us   in   the 

van  of  the  great  controversy  between   the   Northern  and 

Southern  States.  We  would  have  preferred  that  other 
State-  should  have  assumed  the  position  we  now  occupy. 
(Independent  ourselves,  we  disclaim  any  design  or  desire 
to  lead  the  counsels  of  the  other  Southern  States.  Provi- 
dence has  casl  our  lot  toe-ether,  by  extending  over  us  an 
identity  of  pursuits,  interests  and  institutions.  South  Caro- 
lina desires  no  destiny  separated  from  yours.  To  be  one 
of  a  great  Slaveholding  Confederacy,  stretching  its  anus 
over  a  territory  larger  than  any  power  in  Europe  pos- 
sesses— with  a  population  four  times  greater  than  that  of 

the  whole  United  States  when  they  achieved  their  inde- 
pendence of  the  British  Empire — with  productions  which 
make  our  existence  more  important  to  the  world  than  that 
of  any  other  people  inhabiting  it — with  common  institu- 
tions to  defend,  and  common  dangers  to  encounter — we 
ask  your  sympathy  and  confederation.  Whilst  constituting 
a  portion  of  the  United  States,  it  has  been  your  statesman- 


APPENDIX.  343 

ship  which  has  guided  it,  in  its  mighty  strides  to  power 
and  expansion.  In  the  field,  as  in  the  cabinet,  you  have  led 
the  way  to  its  renown  and  grandeur.  You  have  loved  the 
Union,  in  whose  service  your  great  statesmen  have  labored, 
and  your  great  soldiers  have  fought  and  conquered — not 
for  the  material  benefits  it  conferred,  hut  with  the  faith  of 
a  generous  and  devoted  chivalry.  You  have  long  lingered 
in  hope  over  the  shattered  remains  of  a  broken  Consti- 
tution. Compromise  after  compromise,  formed  by  your 
concessions,  has  been  trampled  under  foot  by  your  North- 
ern confederates.  All  fraternity  of  feeling  between  the 
North  and  the  South  is  lost,  or  has  been  converted  into 
hate;  and  we,  of  the  South,  are  at  last  driven  together  by 
the  stern  destiny  which  controls  the  existence  o\'  nations. 
Your  hitter  experience  of  the  faithlessness  and  rapacity  of 
your  Northern  confederates  may  have  been  necessary  to 
evolve  those  great  principles  of  free  government,  upon 
which  the  liberties  of  the  world  depend)  and  to  prepare 
you  for  the  grand  mission  of  vindicating  and  re-establish- 
ing them.  We  rejoice  that  other  nations  should  he  sat- 
isfied with  their  institutions.  Contentment  is  a  great 
element  of  happiness,  with  nations  as  with  individuals. 
We  arc  satisfied  with  ours.  If  they  prefer  a  system  of 
industry,  in  which  capital  and  labor  are  in  perpetual  con- 
flict— and  chronic  starvation  keeps  down  the  natural  in- 
crease of  population — and  a  man  is  worked  out  in  eight 
years — and  the  law  ordains  that  children  shall  he  worked 
only  ten  Itmirs  "  day — and  the  sabre  and  the  bayonet  are  the 
instruments  of  order — he  it  so.  It  is  their  affair,  not  ours. 
We  prefer,  however,  our  system  of  industry,  by  which 
labor  and  capital  are  identified  in  interest,  and  capital, 
therefore,  protects  lahor — by  which  our  population  doubles 
every  twenty  years — by  which  starvation  is  unknown,  and 
abundance  crowns  the  land — by  which  order  is  preserved 
by  an  unpaid  police,  and  many  fertile  regions  of  the  world, 
where  the  white  man  cannot  lahor,  are  brought  into  useful- 
ness by  the  labor  of  the  African,  and  the  whole  world  is 
blessed  by  our  productions.     All  we  demand  of  other  peo- 


344  AI'I'KMUX. 

plea  La  i"  be  lefl  alone,  to  work  cut  oar  own  high  destinies. 
United  together,  and  we  musl  be  the  most  independent,  as 
we  are  among  the  mosl  important,  of  the  nations  of  the 
world.  United  together,  and  we  require  no  other  instru- 
ment to  conquer  peace,  than  our  beneficient  productions. 
United  together,  and  we  musl  be  a  great,  free  and  pros- 
perous people,  whose  renown  must  spread  throughout  the 
civilized  world,  and  pass  down,  we  trust,  to  the  remotest 
ages.  We  ask  you  to  join  us  in  forming  a  Confederacy  of 
Slaveholding  States. 


REPORT, 
By  Mr.  De  Saussure, 

Of  the  Committee  at  the  Address  to  the  People  of  the  Southern 

States, 

ON   THE   ADDRESS    OF    A    PORTION    OF    THE    MEMBERS    OF    TUE 
GENERAL    ASSEMBLY    OF    GEORGIA. 

The  Committee  on  the  Address  to  the  Southern  States, 
to  whom  was  referred  the  Address  of  a  portion  of  the 
members  of  the  General  Assembly  of  Georgia  to  the  peo- 
ple of  South  Carolina.  Alabama.  Mississippi  and  Florida, 
in  Convention  assembled,  urging  that  no  final  separate 
State  action  shall  be  taken  upon  the  question  of  secession 
from  the  Union,  until  a  general  Convention  of  the  South- 
ern States  can  be  had.  respectfully  report,  That  the  Address 
was  not  received  until  just  before  the  Ordinance  of  S. 'ces- 
sion was  put  upon  its  passage,  and  the  withdrawal  of  South 
Carolina  from  the  Union  has  now  been  ordained.  Never- 
theless, the  high  respect  entertained  by  this  Convention 
for  the  members  of  the  Legislature  of  our  sister  State  of 
Georgia,  from  whom  this  Address  emanated,  impels  the 
Convention  briefly  to  state  the  causes  which  induced  the 
passage  of  the  Ordinance. 

South  Carolina  did  not  desire  to  take  the  lead  in  seces- 
sion, but  her  Legislature  being  in  session  for  the  purpose 
of  appointing  Presidential  Electors,  first  felt  the  blow  in- 
flicted by  the  election  of  an  enemy  to  Southern  institutions, 
elected  by  Abolition  States  upon  Abolition  issues. 

She  felt  that  her  safety  was  imperilled;  that  duty  to  her- 
self demanded  prompt  action  as  the  only  means  of  meeting 


846  APPENDIX. 

the  impending  danger,  and  she  called  this  Convention  to 
take  the  proper  steps  to  save  the  Commonwealth. 

The  long-continued  violations,  by  the  Federal  authority, 
of  tin'  constitutional  compact  between  the  States  produced, 
ago,  earnest  and  repeated  remonstrances  aud  warn- 
ings, not  onlyfrom  South  Carolina,  but  most  <»t'  the  South- 
ern States.  These  remonstrances  were  unheeded,  until  at 
length  this  State  was  driven  to  take  vigorous  measures  for 
redress.  When  it  was  found  she  would  no  longer  submit, 
a  compromise  was  offered  and  accepted.  How  long  its 
terms  were  observed,  let  the  records  of  the  country  attest. 
The  threatened  storm  being  averted,  the  had  faith  of  our 
Northern  associates  speedily  displayed  itself  in  renewed 
efforts  t"  plunder  the  South. 

When  a  successful  war  brought  us  accessions  of  territory, 
these  were  grasped  by  our  unscrupulous  allies,  and  monop- 
olized, to  the  entire  exclusion  of  Southern  men  with  their 
property. 

They  have  taken  possession  of  nearly  all  the  Territories, 
and  insolently  proclaimed  that  there  should  be  no  more 
slave  States. 

They  have  waged,  for  a  long  series  of  years,  an  unceas- 
ing warfare  against  the  institution  of  domestic  slavery 
established  in  the  Southern  States,  with  an  avowed  inten- 
tion to  undermine,  circumscribe  and  utterly  overthrow  it. 

And    this,    notwithstanding   that    the   existence,   as    well    as 

lawfulness  of  slavery,  were   recognized   by   them    in   tin1 

Articles  of  Union. 

They  have  taught  their'people  to  believe  that  slavery  is 
a  sin  and  a  curse,  and  that  they  arc  responsible,  it'  it  is 
Buffered  longer  to  exist. 

They  have  generated  in  the  whole  Northern  mind  a  hatred 
against  Southern  institutions  and  Southern  men.  They 
proclaimed  that  an  irrepressible  conflict  existed  between 
the  systems  of  Northern  and  Southern  labor,  and  that  one 
or  the  other  must  go  down  ;  and  at  length  defiantly  and 
exultingly  declared  that  the  battle  was  won. 

The  fruits  of  this  nefarious  warfare  were  at  length  dis- 


APPENDIX.  347 

played  in  the  armed  invasion  of  one  of  the  States  by  some 
of  their  infatuated  dupes,  and  by  conflagrations' and  poison- 
ings in  other  States.  The  orderly  and  contented  slave  pop- 
ulation of  the  South  at  length  became  agitated  and  restless. 
A  feverish  feeling  pervaded  the  Southern  mind,  and  for  the 
first  time  a  sense  of  insecurity  began  to  be  felt,  the  neces- 
sary result  of  these  diabolical  machinations. 

And  these  injuries  were  inflicted,  not  by  a  public  enemy, 
hut  by  citizens  of  States  bound  to  us  by  a  solemn  Compact, 
the  avowed  object  of  which  was  to  insure  domestic  tran- 
quility. 

As  citizens  of  the  United  States,  and  under  cover  of  their 
Constitutional  privilege,  they  had  access  to  our  homes,  and 
there  endeavored  to  diffuse  their  deadly  poison.  This  they 
had  been  taught  to  regard  as  a  duty. 

The  peace,  safety,  and  honor  of  South  Carolina  required 
imperatively  that  she  should  no  longer  continue  in  alliance 
with  a  people  thus  faithless  to  their  Constitutional  obliga- 
tions. 

From  men  whom  no  treaty  could  hind,  she  held  it  idle  to 
ask  for  additional  guaranties,  and  resolved,  with  unparalleled 
unanimity,  to  separate  herself  from  them. 

Some  of  the  members  of  the  Georgia  Legislature  have 
urged  that  final  State  action  be  deferred  until  a  meeting  of 
the  Southern  States  can  he  had,  to  confer  together  for  our 
common  safely  ;  but  simultaneously  we  have  received  from 
Alabama,  Mississippi,  and  from  Georgia,  communications 
urging  immediate  and  final  action  as  indispensihle  to  the 
safety  of  the  entire  South.  These  communications  are  from 
sources  entitled  to  our  utmost  respect. 

If  a  conference  of  the  Southern  States  is  had,  it  can  have 
but  two  objects:  one  to  patch  up  a  hollow  truce  with  anti- 
slavery,  which  denounces  our  Institution  as  a  crime,  and 
which  will  hold  all  the  power  of  the  Government  in  all  its 
departments  in  all  time  to  come  ;  the  other  to  concert  mea- 
sures for  final  separation,  and  for  the  formation  of  a  South- 
ern Confederacy. 

South    Carolina  has  ordained  her  separation  from  the 


348  APPEffDIX. 

Federal  Union.  This  Bhe  has  done  under  a  high  sense  of 
the  respousibilitiefl  which  attach  to  her,  and  her  relations 
i«i  her  Southern  sister  States.  Saving  weighed  the  con- 
sequences, Bhe  has  resolved  to  go  out  of  the  Union  alone, 
sooner  than  siilmiit  to  the  open  as  well  as  Becret  warfare 
carried  on  against  her  peace  and  safety.  The  other  object 
of  a  Southern  Conference — the  formation  of  a  Southern 
Confederacy,  she  anxiously  desires,  and  most  cordially  in- 
vites. 

The  Committee  submit  the  following  resolution: 

Resolved,  That  a  copy  of  this  report  be  transmitted  by 
the  President  to  the  Honorable  John  Billups,  President  of 
a  meeting  of  a  portion  of  the  members  of  the  Genera] 
Assembly  of  Georgia. 

W.  F.  DeSAUSSURE, 
On  behalf  of  the  Committee. 
December  22,  1860. 


REPORT  AXD  RESOLUTIONS 

From  the  Committee  on  Relations  with  tfa   Slaveholding  States, 
providing  for  Commissioners  to  such  States. 

The  Committee  on  '"Relations  with  the  Slaveholding 
States  of  North  America,"  beg  leave  to  report,  that  they 
have  carefully  considered  the  three  several  propositions 
contained  in  the  resolutions  referred  to  them,  which  were 
submitted  in  Convention  by  three  several  members  from 
St.  Philip's  and  St.  Michael's.  All  the  resolutions  re- 
ferred to  the  Committee  look  to  the  purpose  of  Confede- 
rate relations  with  our  sister  States  of  the  South,  having 
common  interests  with  us.  and  every  cause,  as  we  trust,  to 
indulge  towards  us  common  sympathies  and  to  contract  cor- 
dial relations.  In  such  a  purpose  the  Committee  entirely 
and  unanimously  concur,  and  they  recommend  that  even- 
proper  measure  be  adopted  to  accomplish  such  an  end. 
Upon  this  subject  so  much  unanimity  prevails  and  has  long 
prevailed  in  this  State,  that  an  argument  thereupon  would 
be  wholly  superfluous.  All  seem  to  agree  that  the  first  step 
proper  to  be  taken  for  the  purpose  of  promoting  and  secur- 
ing the  Confederation  we  seek,  is  the  appointment  of  Com- 
missioners, by  the  authority  of  this  Convention,  to  such 
States  of  the  South  as  may  call  Conventions  to  consider  and 
determine  their  future  political  relations. 

The  Committee  advise  that  such  steps  he  taken  by  this 
Convention,  hoping  and  believing  that  our  sister  States  of 
the  South  will  correctly  interpret  our  action  in  taking  the 
initiative  as  arising,  by  no  means,  from  any  presumptuous 
arrogance,  hut  from  the  advance  position  which  circum- 
stances have  given  to  this  State  in  the  line  of  procedure  for 
the  great  design  of  maintaining  the  rights,  the  security  and 
the  very  existence  of  the  slaveholding  South. 

It  has  heen  a  subject  of  anxious  consideration  with  the 


350  APPENDIX. 

Committee  whether  the  Commissioners,  whose  appointment 
they  recommend,  should  be  instructed  to  tender  any  basis 
of  a  temporary  or  Provisional  Government  to  the  States  to 
which  they  may  be  accredited. 

The  instrument  called  the  Constitution  of  the  United 
States  of  America,  has  beeu  suggested  as  a  suitable  and 
proper  basis  to  be  offered  for  a  Provisional  Government. 

This  suggestion  has  been  commended  to  the  Committee 
by  various  considerations,  which  cannoi  now  be  set  forth  in 
lull  or  at  large.     Among  these  are: 

That  the  said  instrument  was  the  work  of  minds  of  the 
first  order  in  strength  and  accomplishment. 

That  it  was  most  carefully  constructed  by  comprehensive 
views  and  careful  examination  of  details. 

That  experience  has  proved  it  to  be  a  good  form  of  gov- 
ernment for  those  sufficiently  virtuous,  intelligent  and 
patriotic  to  cause  it  to  be  fairly  and  honestly  construed  and 
Impartially  administered. 

That  the  settled  opinion  of  this  state  has  never  been 
adverse  to  that  plan  of  government  of  Confederated  States 
on  account  of  anything  in  its  structure;  hut  the  dissatisfac- 
tion is  attributable  to  the  false  glosses,  and  dangerous  mis- 
interpretation, and  perversion  of  sundry  of  its  provisions, 
even  to  the  extent,  in  one  particular,  of  so  covering   up  the 

real  purposes  of  certain  Legislation,  (meant  to  protect 
domestic  manufactures  in  one  section.)  as  to  estop  tin1  Su- 
preme Coutt,  in  its  opinion,  from  judicially  perceiving  the 
real  design. 

That  it  presents  a  complete  scheme  of  confederation, 
capable  of  being  speedily  put  into  operation  ;  familiar,  by 
long  acquaintance,  with  its  provisions,  and  their  true  im- 
port to  the  people  of  the  South,  many  of  whom  are  believed 
to  cherish  a  degree  of  veneration  for  it,  and  would  feel  sate 
under  it,  when  in  their  own  hands,  for  interpretation  and 
administration,  especially  as  the  portions  that  have  been, 
by  perversion,  made  potent  for  mischief  and  oppression  in 
the  hands  of  adverse  and  inimical  interests,  have  received 
a  settled  construction  by  the  South.     That  a  speedy  con- 


APPENDIX.  351 

federation  by  the  South  is  desirable  in  the  highest  degree, 
which  it  is  supposed  must  be  temporary  at  first,  (if  accom- 
plished as  soon  as  it  should  he,)  and  no  better  basis  than 
the  Constitution  of  the  United  States  is  likely  to  be  sug- 
gested or  adopted  for  temporary  purposes. 

That  the  opinions  of  those  to  whom  it  is  designed  to 
oft'er  it,  would  be  conciliated  by  the  testimony  the  very  act 
itself  would  carry,  that  South  Carolina  meant  to  seek  no 
selfish  advantage,  nor  to  indulge  the  least  spirit  of  dicta- 
tion. 

That  such  form  of  government  is  more  or  less  known  to 
Europe,  and,  if  adopted  would  indicate  abroad  that  the 
seceding  Southern  States  had  the  foresight  and  energy  to 
put  into  operation  forthwith  a  scheme  of  government  and 
administration  competent  to  produce  a  prompt  organization 
for  internal  necessities,  and  a  sufficient  protection  oi'  foreign 
commerce  directed  hither,  as  well  as  to  guarantee  foreign 
powers  in  the  confidence  that  a  new  Confederacy  had  im- 
mediately arisen,  quite  adequate  to  supersede  all  the  evils, 
internal  and  external,  of  a  partial  or  total  interregnum. 

That  its  speedy  adoption  would  work  happily  as  a  revivi- 
fying agency  in  matters  financial  and  commercial,  between 
the  States  adopting  it,  and  between  ttfem  as  a  united  power 
and  foreign  commercial  nations,  and  at  the  same  time 
would  combine  without  delay  a  power  touching  purse  and 
sword,  that  might  bring  to  a  prudent  issue  tie1  reflections 
of  those  who  may  perchance  he  contemplating  an  invasion, 
or  to  an  issue  disastrous  to  them,  the  attempted  execution 
of  such  unholy  design. 

Such  are  some  of  the  considerations,  very  rapidly  stated, 
which  address  themselves  to  this  Bubject.  It  is  contended 
that  some  limitation  of  the  power  to  levy  duties,  and  that 
to  regulate  commerce,  (and  perhaps  other  provisions  of  the 
said  Constitution,)  may  he  desirable,  and  are  in  fact  so,  to 
some  of  the  Committee,  yet  these  modifications  may  be 
safely  left  to  a  period  when  the  articles  of  a  permanent 
government  may  he  settled,  and  that,  meantime,  the  Con- 
stitution referred  to  will  serve  the  purpose  of  a  temporary 


352  APPENDIX. 

Confederation,  which  the  Committee  unite  in  believing 
ought  to  be  Bought,  through  all  proper  measures,  mosl 
earnestly. 

It  is  also  submitted,  that  if  the  tender  of  the  said  ( Sonsti- 
tntion,  even  as  a  Provisional  Government,  should,  in  the 
opinion  of  the  Convention,  be  accompanied  by  a  condition 
thai  it  be  Bubjecl  to  specific  limitations,  expositions  of  am- 
biguities, or  modifications,  the  Committee  would  respect- 
folly  refer  to  the  Convention  itself  such  matters;  and  this 
is  done,  not  because  the  Committee  would  not  willingly 
consider  and  report  upon  such  Bubject,  but  because  they 
deem  it  due  to  the  Convention  and  the  public  interest;  thai 
they  should  now  lay  before  the  Convention  the  substantia] 
propositions  contained  in  the  following  resolutions,  which 
the  majority  of  the  Committee  recommend  to  the  Conven- 
tion as  tit  to  be  adopted,  viz  : 

/,',  solved,  First,  That  this  Convention  do  appoint  a  Com- 
missioner to  proceed  to  each  of  the  Slaveholding  states 
that  may  assemble  in  Convention,  for  the  purpose  of  laying 
our  Ordinance  of  Secession  before  the  same,  and  respect- 
fully inviting  their  co-operation  in  the  formation  with  us  of 
a  Southern  ( lonfederaey. 

Second,  That  our  Commissioners  aforesaid,  he  further 
authorized.  t^>  submit,  on  our  part,  (he  Federal  Constitution 
as  the  basis  of  a   Provisional  Government  for  such  States 

as  shall     have   withdrawn     from   their  connection    with   the 

Government  of  the  United  States  of  America:  Provided,^ 
That  the  said  Provisional  Government,  and  the  tenures  of 
all  officers  and  appointments  arising  under  it.  shall  cease 
and  determine  in  two  years  from  the  1st  day  of  duly  next, 
or  when  a  Permanent  Government  shall  have  been  organ- 
ized. 

Third,  That  the  said  Commissioners  he  authorized  to 
invite  the  Beceding  States  to  meet  in  Convention,  at  such 
time  and  place  as  may  he  agreed  upon,  for  the  purpose  of 
forming  and  putting  in  motion  such  Provisional  Govern- 
ment, and  so  that  the  said  Provisional  Government  shall 


APPENDIX.  353 

be  organized  and  go  into  effect  at  the  earliest  period  pre- 
vious to  the  4th  day  of  March,  1861,  and  that  the  same 
Convention  of  seceding  States  shall  proceed  forthwith  to 
consider  and  propose  a  Constitution  and  plaiufor  a  perma- 
nent Government  for  such  States,  which  proposed  plan 
shall  he  referred  back  to  the  several  State  Conventions  for 
their  adoption  or  rejection. 

Fourth,  That  eight  Deputies  shall  be  elected  by  ballot 
by  this  Convention,  who  shall  be  authorized  to  meet  in 
Convention  such  Deputies  as  may  be  appointed  by  the 
other  slaveholding  States  who  may  secede  from  the  Fed- 
eral Union,  for  the  purpose  of  carrying  into  effect  the  fore- 
going resolutions;  and  that  it  be  recommended  to  the  said 
Stales,  that  each  State  be  entitled  to  one  vote  in  the  said 
Convention,  upon  all  questions  which  may  be  voted  upon 
therein  ;  and  that  each  State  send  as  many  Deputies  as  are 
equal  in  number  to  the  number  of  Senators  and  Repre- 
sentatives to  which  it  was  entitled  in  the  Congress  of  the 
United  States. 

D.  F.  JAMISON",  President. 

Attest:  B.  F.  Arthur,  Clerk. 


23 


CORRESPONDENCE  BETWEEN  THE  COMMISSION- 
ERS OF  THE  STATE  OF  SOUTH  CAROLINA  AND 
THE  PRESIDENT  OF  THE  CXITKI)  STATES. 


[i.KTTER    OF    THE    COMMISSIONERS    TO    TIIK    PRESIDENT.] 

Washington,  28th  December,  1860. 

Sir :  We  have  thie  honor  to  transmit  to  you  a  copy  of  the 
lull  powers  from  the  Convention  of  the  People  of  South 
Carolina,  under  which  we  arc  "authorized  and  empowered 
to  treat  with  the  Government  of  the  United  States  for  the 
delivery  of  the  forts,  magazines,  light-houses  and  other 
real  estate,  with  their  appurtenances,  within  the  limits  of 
South  Carolina,  and  also  for  an  apportionment  of  the  pub- 
lic debt,  and  for  a  division  of  all  other  property  held  by  the 
Government  of  the  United  States  as  agent  of  the  confed- 
erated States,  of  which  South  Carolina  was  recently  a 
member;  and  generally  to  negotiate  as  to  all  other  meas- 
ures and  arrangements  proper  to  be  made  and  adopted  in 
the  existing  relation  of  the  parties,  and  for  the  continuance 
of  peace  and  amity  between  this  commonwealth  and  the 
Government  at  Washington." 

In  the  execution  of  this  trust,  it  is  our  duty  to  furnish 
you,  as  we  now  do,  with  an  official  i'<>py  of  the  Ordinance 
of  Secession,  by  which  the  State  of  South  Carolina  has 
resumed*  the  powers  she  delegated  to  the  Government  of 
the  United  States  and  has  declared  her  perfect  sovereignty 
and  independence. 

It  would  also  have  been  our  duty  to  have  informed  you 
that  we  were  ready  to  negotiate  with  you  upon  all  such 
questions  as  are  necessarily  raised  by  the  adoption  of  this 


APPENDIX.  855 

ordinance,  and  that  we  were  prepared  to  enter  upon  this 
negotiation  with  the  earnest  desire  to  avoid  all  unnecessary 
and  hostile  collision,  and  so  to  inaugurate  our  new  relations 
as  to  secure  mutual  respect,  general  advantage  and  a  future 
of  good  will  and  harmony  beneficial  to  all  the  parties  con- 
cerned. 

But  the  events  of  the  last  twenty-four  hours  render  such 
an  assurance  impossible.  We  came  here  the  representa- 
tives of  an  authority  which  could,  at  any  time  within  the 
past  sixty  days,  have  taken  possession  of  the  forts  in 
Charleston  harbor,  but  which,  upon  pledges  given  in  a 
manner  that,  we  cannot  doubt,  determined  to  trust  to  your 
honor  rather  than  to  its  own  power.  Since  our  arrival  here 
an  officer  of  the  United  States,  acting,  as  we  are  assured, 
not  only  without  but  against  your  orders,  has  dismantled 
one  fort  and  occupied  another,  thus  altering,  to  a  most  im- 
portant extent,  the  condition  of  affairs  under  which  we 
came. 

Until  these  circumstances  are  explained  in  a  manner 
which  relieves  us  of  all  doubt  as  to  the  spirit  in  which  these 
negotiations  shall  be  conducted,  we  are  forced  to  suspend 
all  discussion  as  to  any  arrangements  by  which  our  mutual 
interests  might  be  amicably  adjusted. 

And,  in  conclusion,  we  would  urge  upon  you  the  imme- 
diate withdrawal  of  the  troops  from  the  harbor  of  Charles- 
ton. Under  present  circumstances,  they  are  a  standing 
menace  which  renders  negotiation  impossible,  and,  as  our 
recent  experience  shews,  threatens  speedily  to  bring  to  a 
bloody  issue  questions  which  ought  to  be  settled  with  tem- 
perance and  judgment. 

We  have  the  honor,  Sir,  to  be, 

Very  respectfully, 

Four  obedient  servants, 
R.  W.   BARNWELL, 
J.  II.  ADAMS, 
JAMES  L.  ORR, 

Commissione'i   . 
To  the  President 

of  the  United  States. 


[REPLY   OF   Tin:    PRESIDENT   T<>    THE   COMMISSIONERS.] 

Washington  City.  BOth  December,  1860. 

Gentlemen:  I  have  the  honor  to  receive  your  communica- 
tion of  28th  instant,  together  with  a  copy  of  your  '•  full 
powers  from  the  Convention  of  the  People  of  South  Caro- 
lina," authorizing  you  to  treat  with  the  Government  of  the 
United  States  on  various  important  subjects  therein  men- 
tioned, and  also  a  cop}"  of  the  Ordinance  bearing  date  on 
the  20th  instant,  declaring  that  "the  Union  now  subsisting 
between  South  Carolina  and  other  States  under  the  name 
of  'the  United  States  of  America,'  is  hereby  dissolved." 

In  answer  to  this  communication,  I  have  to  say,  that  my 
position  as  President  of  the  United  States  was  clearly 
defined  in  the  message  1"  Congress  of  the  3d  instant.     In 

that  I  stated  that,  "apart  from  the  execution  of  the  laws, 
so  far  as  this  may  be  practicable,  the  Executive  has  no 
authority  to  decide  what  shall  he  the  relations  between 
the  Federal  Government  and  South  Carolina.  lie  has 
been  invented  with  no  such  discretion.  He  possesses  no 
power  to  change  the  relations  heretofore  existing  between 
them,  much  less  to  acknowledge  the  independence  of  that 
State.  This  would  be  to  invest  a  mere  executive  officer 
with  the  power  of  recognizing  the  dissolution  of  the  Con- 
federacy among  our  thirty-three  sovereign  States.  It  hears 
no  resemblance  to  the  recognition  of  a  foreign  de  facto 
governmenl — involving  no  such  responsibility.  Any  at- 
tempt to  do  this  would,  on  his  part,  he  a  naked  act  of 
usurpation.  It  is,  therefore,  my  duty  to  submit  to  Con- 
gress the  whole  question,  in  all  its  hearings." 

Such  is  my  opinion  still.  I  could,  therefore,  meet  you 
only  as  private  gentlemen  of  the  highest  character,  and 
was  entirely  willing  to  communicate  to  Congress  any  prop- 


APPENDIX.  357 

osition  you  might  have  to  make  to  that  body  upon  the 
subject.  Of  this  }tou  were  well  aware.  It  was  my  earnest 
desire,  that  such  a  disposition  might  be  made  of  the  whole 
subject  by  Congress,  who  alone  possess  the  power,  as  to 
prevent  the  inauguration  of  a  civil  war  between  the  parties 
in  regard  to  the  possession  of  the  Federal  Forts  in  the 
harbor  of  Charleston  ;  and  I  therefore  deeply  regret,  that, 
in  your  opinion,  "the  events  of  the  last  twenty-four  hours 
render  this  impossible."  In  conclusion,  you  urge  upon  me 
"the  immediate  withdrawal  of  the  troops  from  the  harbor 
of  Charleston,"  stating  that,  ''under  present  circumstances, 
they  are  a  standing  menace  which  renders  negotiation! 
impossible,  and,  as  our  recent  experience  shows,  threatens 
speedily  to  bring  to  a  bloody  issue,  questions  which  ought 
to  be  settled  with  temperance  and  judgment." 

The  reason  for  this  change  in  your  position  is,  that  since 
your  arrival  in  Washington,  "an  officer  of  the  United 
States,  acting  as  we  (yon)  are  assured,  not  only  without,  but 
against  your  (1113-)  orders,  has  dismantled  one  fort  and  occu- 
pied another,  thus  altering,  to  a  most  important  extent,  the 
condition  of  affairs  under  which  we  (you)  came."  You 
also  allege  that  you  came  here  "the  representatives  of  an 
authority  which  could,  at  any  time,  within  the  past  sixty 
days  have  taken  possession  of  the  forts  in  Charleston  har- 
bor, but  which,  upon  pledges  given  in  a  manner  that  we 
(you)  cannot  doubt,  determined  to  trust  to  your  (my)  honor 
rather  than  to  its  own  power," 

This  brings  me  to  a  consideration  of  the  nature  of  those 
alleged  pledges,  and  in  what  manner  they  have  been  ob- 
served. In  my  message  of  the  third  of  December  last,  I 
stated,  in  regard  to  the  property  of  the  United  States  in 
South  Carolina,  that  it  "  lias  been  purchased  for  a  fair 
equivalent  '  by  the  consent  of  the  Legislature  of  the  State,' 
'  for  the  erection  of  forts,  magazines,  arsenals,'  &c.,  and 
over  these  the  authority  'to  exercise  exclusive  legislation' 
has  been  expressly  granted  by  the  Constitution  to  Congress. 
It  is  not  believed  that  any  attempt  will  be  made  to  expel 
the  United  States  from  this  property  by  force  ;  but  if  in 


.">•>  APPENDIX. 

this  I  Bhould  prove  to  be  mistaken,  the  oihYer  in  command 
of  ili«'  forte  has  received  orders  to  acl  strictly  on  the  defen- 
sive. In  Buch  a  contingency,  the  responsibility  for  conse- 
quences would  rightfully  rest  npon  the  heads  of  the  assail- 
ants." Tliis  being  the  condition  of  the  parties,  on  Saturday, 
6th  December,  four  of  the  representatives  from  South 
Carolina  called  on  me  and  requested  an  interview.  We 
had  an  earnest  conversation  on  the  subject  of  these  forts, 
and  the  lu'.-t  means  of  preventing  a  collision  between  the 
parties  for  the  purpose  of  sparing  Che  effusion  of  Mood.  I 
suggested,  for  prudential  reasons,  that  it  would  be  best  to 
put  in  writing  what  they  said  to  me  verbally.  They  did  so 
accordingly,  and  on  Monday  morning,  the  10th  instant, 
three  of  them  presented  to  me  a  paper  signed  by  all  the 
representatives  from  South  Carolina,  with  a  single  excep- 
tion, of  which  the  following  is  a  copy: 

To  his  Excellency,  James  Buchanan, 

JV<  sident  of  the  Unit  d  States  : 

In  compliance  with  our  statement  to  you  yesterday,  we 
now  express  to  you  our  strong  convictions  that  neither  the 
constituted  authorities,  nor  any  body  of  the  people  of  the 
State  df  South  Carolina,  will  either  attack  or  molest  the 
United  States  Forts,  in  the  harbor  of  Charleston,  previous- 
ly to  the  action  of  the  Convention,  and  we  hope  and 
believe,  not  until  an  oiler  has  been  made,  through  an 
accredited  representative,  to  negotiate  for  an  amicable  ar- 
rangement of  all  matters  between  the  State  and  the  Fed- 
eral Government,  provided  that  no  reinforcements  shall  be 
sent  into  those  forts,  and  their  relative  military  status  shall 
remain  as  at  present. 

JNO.  McQTJEEN, 
\VM.   PORCHEB  MILES, 
M.  L.  BONITAM, 
W.   \Yr.   BQYCE, 
LAWRENCE  M.  KEITT. 

Washington,  9th  Dec,  18G0. 


APPENDIX.  359 

And  here  I  must,  in  justice  to  myself,  remark,  that  at 
the  time  the  paper  was  presented  to  me,  I  objected  to  the 
word  "provided,"  as  it  might  be  construed  into  an  agree- 
ment, on  my  part,  which  I  never  would  make.  They  said 
that  nothing  was  farther  from  their  intention — they  did  not 
so  understand  it,  and  I  should  not  so  consider  it.  It  is 
evident  they  could  enter  into  no  reciprocal  agreement  with 
me  on  the  subject.  They  did  not  profess  to  have  authority 
to  do  this,  and  were  acting  in  their  individual  character. 
I  considered  it  as  nothing  more,  in  effect,  than  the  promise 
of  highly  honorable  gentlemen  to  exert  their  influence  for 
the  purpose  expressed.  The  event  has  proven  that  they 
have  faithfully  kept  this  promise,  although  T  have  never 
since  received  a  line  from  any  one  of  them,  or  from  any 
member  of  the  Convention,  on  the  subject.  It  is  well 
known  that  it  was  my  determination,  and  this  I  freely  ex- 
pressed, not  to  reinforce  the  forts  in  the  harbor,  and  thus 
produce  a  collision,  until  they  had  been  actually  attacked, 
or  until  I  had  certain  evidence  that  they  were  about  to  be 
attacked.  This  paper  I  received  most  cordially,  and  con- 
sidered it  as  a  happy  omen  that  peace  might  still  be  pre- 
served, and  that  time  might  thus  be  gained  for  reflection. 
This  is  the  whole  foundation  for  the  alleged  pledge, 

But  I  aeted  in  the  same  manner  I  would  have  done  had 
I  entered  into  a  positive  and  formal  agreement  with  parties 
capable  of  contracting,  although  such  an  agreement  would 
have  been,  on  my  part,  from  the  nature  of  my  official  duties, 
impossible. 

The  world  knows  that  I  have  never  sent  any  reinforce- 
ments to  the  forts  in  Charleston  harbor,  and  I  have  cer- 
tainly never  authorized  any  change  to  be  made  kVin  their 
relative  military  status." 

Bearing  upon  this  subject.  I  refer  you  to  an  order  issued 
by  the  Secretary  of  War,  on  the  11th  inst,  to  Major  Ander- 
son, but  not  brought  to  my  notice  until  the  21st  instant. 
It  is  as  follows  : 


300  APPENDIX. 

"  Memorandum  of  verbal  instructions  to  Major  Anderson,  1st 
Artillery,  Commanding  Fort  Moultrie,  S.  C. 

You  are  aware  of  tin-  great  anxiety  of  the  Secretary  of 
War  thai  a  collision  of  the  troops  with  the  people  of  this 
State  shall  be  avoided)  and  of  his  studied  determination  to 
pursue  a  course  with  reference  to  the  military  force  and 
forts  in  this  harbor,  which  shall  guard  against  such  a  col- 
lision. He  has,  therefore,  carefully  abstained  from  increas- 
ing tlic  force  at  this  point,  or  taking  any  measures  which 
might  add  to  the  present  excited  Btate  of  the  public  mind, 
or  which  would  throw  any  doubt  on  the  confidence  he  feels 
thai  South  Carolina  will  not  attempl  by  violence  to  obtain 
possession  of  the  public  works,  or  interfere  with  their  occu- 
pancy. But  as  the  counsel  and  acts  of  rash  and  impulsive 
persons  may  possibly  disappoint  these  expectations  of  the 
Government,  he  deems  it  proper  that  you  should  lie  pre- 
pared wiih  instructions  to  meet  so  unhappy  a  contingency, 
lie  has,  therefore,  directed  me.  verhally,  to  give  you  such 
instructions. 

You  are  carefully  to  avoid  every  act  which  would  need- 
lessly tend  to  provoke  aggression  ;  and,  for  thai  reason,  you 
are  not,  without  evident  and  imminent  necessity,  to  lake 
up  any  position  which  could  he  construed  into  the  assump- 
tion of  8,  hostile  attitude  ;  hut  yon  are  to  hold  possession  of 
the  forts  in  this  harbor,  and.  if  attacked,  you  are  to  defend 
yourself  to  the  last  extremity.  The  smallness  of  your  force 
will  not  permit  you,  perhaps,  to  occupy  more  than  one 
of  the  three  forts;  hut  an  attack  on,  or  attempt  to  take 
possession  of  either  of  them,  will  he  regarded  as  an  act  of 
hostility,  and  you  may  then  put  your  command  into  either 
of  them  which  you  may  deem  most  proper,  to  increase  its 
power  of  resistance.  You  are  also  authorized  to  take  simi- 
lar defensive  steps  whenever  you  have  tangible  evidence  of 
a  design  to  proceed  to  a  hostile  act. 

I).  P.  BUTLER,  Assistant  Adjutant  General. 

Fort  Moultrie,  S.  C,  Dec.  11,  I860. 

This  is  in  conformity  to  my  instructions  to  Major  Buell. 
JOHN  B.  FLOYD,  Secretary  of  War. 


APPENDIX.  361 

These  were  the  last  instructions  transmitted  to  Major 
Anderson  before  his  removal  to  Fort  Sumter,  with  a  single 
exception  in  regard  to  a  particular  which  docs  not,  in  any 
degree,  affect  the  present  question.  Under  these  circum- 
stances, it  is  clear  that  Major  Anderson  acted  upon  his  own 
responsibility,  and  without  authority,  unless,  indeed,  he  had 
"tangible  evidence  of  a  design  to  proceed  to  a  hostile  act," 
on  the  part  of  the  authorities  of  South  Carolina,  which  has 
not  yet  been  alleged.  Still,  he  is  a  brave  and  honorable 
officer;  and  justice  requires  that  he  should  not  be  con- 
demned without  a  fair  hearing. 

Be  this  as  it  may,  when  I  learned  that  Major  Anderson 
had  left  Fort  Moultrie,  and  proceeded  to  Fort  Sumter,  my 
first  promptings  were  to  command  him  to  return  to  his 
former  position,  and  there  to  await  the  contingencies  pre- 
sented in  his  instructions.  This  could  only  have  been  done, 
with  any  degree  of  safety  to  the  command,  by  the  concur- 
rence of  the  South  Carolina  authorities.  But,  before  any 
steps  could  possibly  have  been  taken  in  this  direction,  we 
received  information,  dated  on  the  28th  instant,  that  '"the 
Palmetto  flag  floated  out  to  the  breeze  at  Castle  Piuckney, 
and  a  large  military  force  went  over  last  night  (the  27th)  to 
Fort  Moultrie."  Thus  the  authorities  of  South  Carolina, 
without  waiting  or  asking  tor  any  explanation,  and  doubt- 
less believing,  as  you  have  expressed  it,  thai  the  officer  had 
acted  not  only  without,  but  against  my  orders,  on  the  very 
next  day  after  the  night  when  the  removal  was  made, 
seized,  by  a  military  force,  two  of  the  three  federal  forts  in 
the  harbor  of  Charleston,  and  have  covered  them  under 
their  own  flag,  instead  of  that  of  the  United  States.  At 
this  gloomy  period  of  our  history,  startling  events  suceeed 
each  other  rapidly.  On  the  very  day  (the  27th  instant)  that 
possession  of  these  two  forts  was  taken,  the  Palmetto  flag 
was  raised  over  the  Federal  Custom  House  and  Post-office 
in  Charleston  ;  and,  on  the  same  day,  every  officer  of  the 
Customs — Collector,  ^Naval  Officers,  Surveyor  and  Apprais- 
ers— resigned  their  offices.  And  this,  although  it  was  well 
known,  from  the  language  of  my  message,  that,  as  an  execu- 


APPENDIX. 

five  officer,  I  felt  myself  bound  to  colled  the  revenue  at  the 
]><>rt  of  Charleston  under  existing  laws.  In  the  harbor 
of  Charleston,  we  now  find  three  torts  confronting  each 
other,  over  all  of  which  the  federal  flag  floated  only  four 
days  ago;  but  now,  over  two  of  them,  this  flag  has  been 
Bupplanted,  and  the  Palmetto  flag  lias  been  substituted  in  its 
stead,  [t  is,  under  all  these  circumstances,  thai  I  am  urged 
immediately  to  withdraw  the  troops  from  the  harbor  pf 
Charleston,  and  am  informed  that  without  this,  negotiation 

is  impossible:      This  I  cannot  do;   this  I  will  not  do.      Such 

an  idea  was  never  thought  of  by  me  in  any  possible  con- 
tingency. Xo  allusion  to  it  had  ever  been  made  in  any 
communication  between  myself  and  any  human  being. 
I!- ut  the  inference  is,  that  I  am  bound  to  withdraw  the  troops 
from  the  only  fort  remaining  in  the  possession  of  the  United 
States  in  the  harbor  of  Charleston,  because  the  officer  then 
in  command  of  all  the  forts  thought  proper,  without  instruc- 
tions, to  change  his  position  from  one  of  them  to  another. 
I  cannot  admit  the  justice  of  any  such  inference. 

At  tliis  point  of  writing,  I  have  received  information,  by 
telegram,  from  Captain  Humphreys,  in  command  of  the 
Arsenal  at  Charleston,  "that  it  has  to-day  (Sunday,  the 
30th)  been  taken  by  force  of  arms."  It  is  estimated  that 
the  munitions  of  war  belonging  to  the  I'nited  States  in  this 
Arsenal  are  worth  half  a  million  of  dollars. 

Comment   is  needless.     After  this  information,  I  have 

only  to  add,  that,  whilst  it  is  my  duty  to  defend  fort 
Sumter,  as  a  portion  of  the  public  property  of  the  United 
States  against  hostile  attacks  from  whatever  quarter  they 
may  come,  by  such  means  as  I  may  possess  for  this  pur- 
pose, I  do  not  perceive  how  such  a  defence  can  lie  con- 
st nr-d  into  a  menace  against  the  City  of  Charleston. 
With  great  personal  regard,  I  remain 

Yours,  very  respectfully, 

JAMES  BUCHANAN. 
To  Honorable 

Bobbet  "W.  Barnwell, 
James  II.  Adams, 
James  L.  Our. 


APPENDIX.  363 

[reply  of  commissioners  to  the  president.] 

"Washington,  I).  C,  January  1st,  1861. 
Sir:  AVe  have  the  honor  to  acknowledge  the  receipt  of 

your  Jotter  of  the  30th  December,  in  reply  to  a  note  ad- 
dressed by  us  to  you  on  the  28th  of  the  same  month,  as 
Commissioners  from  South  Carolina. 

In  reference  to  the  declaration  with  which  your  reply 
commences,  that  "your  position  as  President  of  the  United 
States  was  clearly  defined  in  the  Message  to  Congress  of 
the  3d  instant,"  that  you  possess  "no  power  to  change  the 
relations  heretofore  existing"  between  South  Carolina  and 
the  United  States,  ••much  less  to  acknowledge  the  inde- 
pendence of  that  State;"  and  that,  consequently,  you  could 
meet  us  only  as  private  gentlemen  of  the  highest  character, 
with  an  entire  willingness  to  communicate  to  Cong 
any  proposition  we  might  have  to  make,  we  deem  it  only 
necessary  to  say.  that  the  State  of  South  Carolina  having, 
in  the  exercise  of  that  great  right  of  self-government  which 
underlies  all  our  political  organizations,  declared  herself 
sovereign  and  independent,  we,  as  her  representatives,  felt 
no  special  solicitude  as  to  the  character  in  which  you 
might  recognize  us.  Satisfied  that  the  State  had  simply 
exercised  her  unquestionable  right,  we  were  prepared,  in 
order  to  reach  substantial  good,  to  waive  the  formal  con- 
siderations which  your  constitutional  scruples  might  have 
prevented  you  from  extending.  We  came  here,  therefore, 
expecting  to  he  received  as  you  did  receive  us,  and  per- 
fectly content  with  that  entire  willingness  of  which  you 
assured  us,  to  submit  any  proposition  to  Congress  which 
we  might  have  to  make  upon  the  subject  of  the  independ- 
ence of  the  State.  That  willingness  was  ample  recognition 
of  the  condition  of  public  affairs  which  rendered  our  pres- 
ence accessary.  In  this  position,  however,  it  is  our  duty, 
both  to  the  State  which  we  represent  and  to  ourselves,  to 
correct  several  important  misconceptions  of  our  letter  into 
which  you  have  fallen. 


8  i  1  APPENDIX. 

You  Bay,  '-It  was  my  earnesl  desire  that  such  a  disposi- 
tion might  be  made  of  the  whole  subjed  by  Congress,  who 
alone  possesses  the  power  to  prevenl  the  inauguration  of  a 
civil  war  between  the  parties  in  regard  to  the  po  session 
of  ili.  Federal  forts  in  the  harbor  of  Charleston;  and  I, 
therefore,  deeply  regret  that,  in  your  opinion,  'the  events 
til' t lie  last  twenty-four  hours  render  this  impossible.'  '  We 
expressed  no  such  opinion,  ami  the  language  which  you 
quote  as  ours,  is  altered  in  its  sense  by  the  omission  of  a 
EQOSl    important  part   of  the  sentence.      What    we    did   say 

was:  "But  the  events  of  the  last  twenty-four  hours  render 
such  'in  assurance  impossible."  Place  that  "assurance"  as 
contained  in  out-  letter,  in  the  sentence,  and  we  are  prepared 
to  repeat  it. 

in.  professing  to  quote  our  language,  yon  say: — 
"Thus  the  authorities  of  South  Carolina,  without  waiting 
or  asking  for  any  explanation,  and,  doubtless,  believing,  as 
yon  have  expressed  it,  that  the  officer  had  acted  not  only 
without,  hnt  against  my  orders,"  &c.  We  expressed  no 
such  opinion  in  reference  to  the  belief  of  the  people  of 
South  Carolina.  The  language  which  you  have  quoted, 
was  applied  solely  and  entirely  to  our  assurance,  obtained 
here,  and  based,  as  you  well  know,  upon  your  own  declara- 
tion— a  declaration  which,  at  that  time,  it  was  impossible 
for  the  authorities  of  South  Carolina  to  have  known.  But, 
without  following  this  letter  into  all  its  details,  we  propose 
only  to  meet  the  chief  points  of  the  argument. 

Some  weeks  ago,  the  State  of  South  Carolina  declared 
her  intention,  in  the  existing  condition  of  public  affairs,  to 
secede  from  the  United  States.  She  called  a  Convention 
of  her  people,  to  put  her  declaration  in  force.  The  Con- 
vention met,  and  passed  the  Ordinance  of  Secession.  All 
this  you  anticipated,  and  your  course  of  action  was  thor- 
oughly considered.  In  your  annual  message,  you  declared 
you  had  no  right,  and  would  not  attempt,  to  coerce  a  seced- 
ing State,  but  that  you  were  bound  by  your  constitutional 
oath,  and  would  defend  the  property  of  the  United  States 
within   the   borders  of  South  Carolina,  if  an   attempt  was 


APPENDIX.  365 

made  to  take  it  by  force.  Seeing  very  early  that  this  ques- 
tion of  property  was  a  difficult  and  delicate  one,  you  mani- 
fested a  desire  to  settle  it  without  collision.  You  did  not 
reinforce  the  garrisons  in  the  harbor  of  Charleston.  You 
removed  a  distinguished  and  veteran  officer  from  the  com- 
mand of  Fort  Moultrie,  because  he  attempted  to  increase 
his  supply  of  ammunition.  You  refused  to  send  additional 
troops  to  the  same  garrison  when  applied  for  by  the  officer 
appointed  to  succeed  him.  You  accepted  the  resignation 
of  the  oldest  and  most  efficient  member  of  your  Cabinet, 
rather  than  allow  these  garrisons  to  be  strengthened.  You 
compelled  an  officer  stationed  at  Fort  Sumter,  to  return 
immediately  to  the  Arsenal,  forty  muskets  which  he  had 
taken  to  arm  his  men.  Yon  expressed  not  to  one,  but  to 
many,  of  the  most  distinguished  of  our  public  characters, 
whose  testimony  will  be  placed  upon  the  record,  whenever 
it  is  necessary,  your  anxiety  for  a  peaceful  termination  of 
this  controversy,  and  your  willingness  not  to  disturb  the 
military  status  of  the  forts,  if  Commissioners  should  be 
sent  to  the  Government,  whose  communications  you  prom- 
ised to  submit  to  Congress.  You  received  and  acted  on 
assurances  from  the  highest  official  authorities  of  South 
Carolina,  that  no  attempt  would  be  made  to  disturb  your 
possession  of  the  forts  and  property  of  the  United  States, 
if  you  would  not  disturb  their  existing  condition  until 
Commissioners  had  been  sent,  and  the  attempt  to  negotiate 
had  failed.  You  took  from  the  members  of  the  House  of 
Representatives,  a  written  memorandum  that  no  such 
attempt  should  be  made,  "provided  that  no  reinforcements 
shall  be  sent  into  those  forts,  and  their  relative  military 
status  shall  remain  as  at  present."  And,  although  you 
attach  no  force  to  the  acceptance  of  such  a  paper,  although 
you  "considered  it  as  nothing  more  in  effect  than  the 
promise  of  highly  honorable  gentlemen,"  as  an  obligation 
on  one  side  without  corresponding  obligation  on  the  other, 
it  must  be  remembered  (if  we  are  rightly  informed)  that 
you  were  pledged,  if  you  ever  did  send  reinforcements,  to 
return  it  to  those  from  whom  you  had  received  it  before 


APPENDIX. 

you  executed  your  resolution.  You  sent  orders  to  your 
officers,  commanding  them  Btrictly  to  follow  a  line  <>f  con- 
duct in  conformity  with  such  an  understanding. 

Beside  all  this,  you  had  received  formal  and  official 
notice  from  the  Governor  of  South  Carolina,  that  we  had 
been  appointed  Commissioners,  and  were  on  our  way  to 
Washington.  You  knew  the  implied  condition  under 
which  we  came;  our  arrival  was  notified  to  yon.  and  an 
hour  appointed  for  an  interview.  We  arrived  in  Washing- 
ton on  Wednesday,  at  three  o'clock,  and  you  appointed  an 
interview  with  us  at  one  the  next  day.  Early  on  that  day, 
Thursday,  the  news  was  received  here  of  the  movement  of 
Major  Anderson.  That  news  was  eoniinuuicated  to  you 
immediately,  and  you  postponed  our  meeting  until  half- 
past  two  o'clock,  on  Friday,  in  order  that  you  might  eon- 
suit  your  Cabinet.  On  Friday  we  saw  you,  and  we  called 
upon  you  then  to  redeem  your  pledge.  You  could  not 
deny  it.  With  the  tacts  we  have  stated,  and  in  the  face  of 
the  crowning  and  conclusive  fact,  that  your  Secretary  of 
War  had  resigned  his  seat  in  the  Cabinet,  upon  the  publicly 
avowed  ground  that  the  action  of  Major  Anderson  had 
violated  the  pledged  faith  of  the  <  rovernment,  and  that  un- 
less the  pledge  was  instantly  redeemed,  he  was  dishonored; 
denial  was  impossible ;  you  did  not  deny  it.  You  do, not 
deny  it  now,  hut  you  seek  to  escape  from  its  obligation  on 
two  grounds :  1st,  Thai  w*  terminated  all  negotiation  by 
demanding,  as  a  preliminary,  the  withdrawal  of  the  United 
States  troops  from  the  harbor  of  Charleston  ;  and  2d,  Thai 
the  authorities  of  South  Carolina,  instead  of  asking  expla- 
nation, and  giving  you  the  opportunity  to  vindicate  your- 
self,  took  possession  of  other  property  of  the  United  States. 
AVe  will  examine  both. 

In  the  first  place,  we  deny  positively,  that  we  have  over, 
in  any  way,  made  any  such  demand.  Our  letter  is  in  your 
possession  ;  it  will  stand  by  this  on  the  record.  In  it,  we 
inform  you  of  the  objects  of  our  mission.  We  say  that  it 
would  have  been  our  duty  to  have  assured  you  of  our  readi- 
ness to  commence  negotiations  with  the   most  earnest  and 


APPENDIX.  367 

anxious  desire  to  settle  all  questions  between  us  amicably, 
and  to  our  mutual  advantage,  but  that  events  had  rendered 
that  assurance  impossible.  We  stated  the  events,  and  we 
said   that,    until    some    satisfactory    explanation    of    these 

events  was  given  us,  we  could  not  proceed,  and  then,  hav- 
ing made  this  request  for  explanation,  we  added,  "and,  in 
conclusion,  we  would  urge  upon  you  the  immediate  with- 
drawal of  the  troops  from  the  harbor  of  Charleston.  I  nder 
present  circumstances  they  are  a  standing  menace,  which 
renders  negotiation  impossible,'1  <vc.  "Under  present  cir- 
cumstances!" What  circumstances'.''  "Why,  clearly,  the 
occupation  of  Fort  Sumter,  and  the  dismantling  of  Fort 
Moultrie  by  Major  Anderson,  in  the  face  of  your  pledges, 
and  without  explanation  or  practical  disavowal.  And  there 
is  nothing  in  the  letter,  which  would  or  could  have  prevent- 
ed you  from  declining  to  withdraw  the  troops,  and  offering 
the  restoration  of  the  status  to  which  you  were  pledged,  if 
such  had  been  your  desire.  It  would  have  been  wiser  and 
better,  in  our  opinon,  to  have  withdrawn  the  troops,  and 
this  opinion  we  urged  upon  you,  but  we  demanded  nothing 
hut  such  an  explanation  of  the  events  of  the  lost  twenty- 
four  hours  as  would  restore  our  confidence  in  the  spirit 
with  which  the  negotiation  should  be  conducted.  In  rela- 
tion to  this  withdrawal  of  the  troops  from  the  harbor,  we 
are  compelled,  however,  to  notice  one  passage  of  your  let- 
ter. Referring  to  it,  you  say  :  "  This  I  cannot  do.  This  I 
will  not  do.  Such  an  idea  was  never  thought  of  by  me  in 
any  possible  contingency.  Xo  allusion  to  it  had  ever  been 
made  in  any  communication  between  myself  and  any 
human  being." 

In  reply  to  this  statement  we  are  compelled  to  say,  that 
your  conversation  with  us  left  upon  our  minds  the  distinct 
impression  that  you  did  seriously  contemplate  the  with- 
drawal of  the  troops  from  Charleston  harbor.  And,  in 
support  of  this  impression,  we  would  add  that  we  have  the 
positive  assurance  of  gentlemen  of  the  highest  possible 
public  reputation,  and  the  most  unsullied  integrity — men 
whose  name  ami  fame,  secured  by  long  service  and  patriotic 


368  apim:m.;\. 

achievement,  place  their  testimony  beyond  cavil — that  such 
suggestions  had  been  made  to,  and  urged  upon  you  by 
them,  and  had  formed  the  subject  of  more  than  one  earn- 
est discussion  with  you.  And  it  was  this  knowledge  that 
induced  us  to  urge  upon  you  a  policy  which  had  to  recom- 
mend it  its  own  wisdom  and  the  weighl  of  such  authority. 
A-  to  the  Becond  point,  that  the  authorities  of  South  Caro- 
lina, instead  of  asking  explanations,  and  giving  you  the 
opportunity  to  vindicate  yourself,  took  possession  of  other 
property  of  the  United  State-,  we  would  observe,  1st.  That, 

even  it'  this  were  SO,  it  does  not  avail   you    for  defence,  foi 

the  opportunity  for  decision  was  afforded  you  before  these 
facts  occurred.     We  arrived  in  Washington  on  Wednesday. 

The  news  from  Major  Anderson  reached  here  early  on 
Thursday,  and  was  immediately  communicated  to  you.  All 
that  day.  men  of  the  highest  consideration — men  who  had 
striven  successfully  to  lift  you  to  your  great  office — who 
had  been  your  tried  and  true  friends  through  the  troubles 
of  your  administration — sought  you,  and  entreated  you  to 
act — to  act  at  once.  They  told  you  that  every  hour  com- 
plicated your  position.  They  only  asked  you  to  give  the 
assurance  that,  if  the  facts  were  so — that,  if  the  Com* 
mander  had  acted  without,  and  against  your  orders,  and  in 
violation  of  your  pledges,  thai  you  would  restore  the  status 
you  had  pledged  your  honor  to  maintain. 

You  refused  to  decide.  Your  Secretary  of  War — your 
immediate  and  proper  adviser  in  this  whole  matter — waited 
anxiously  for  your  decision,  until  he  felt  that  delay  was 
becoming  dishonor.  More  than  twelve  hours  passed,  and 
two  Cabinet  meetings  had  adjourned  before  you  knew  what 
the  authorities  of  South  Carolina  had  done,  and  your 
prompt  decision  at  any  moment  of  that  time,  would  have 
avoided  the  subsequenl  complications.  But  if  you  had 
known  the  acts  of  the  authorities  of  South  Carolina,  should 
that  have  prevented  your  keeping  your  faith  ?  What  was 
the  condition  of  things?  For  the  last  sixty  days,  you  have 
had  in  Charleston  harbor,  not  force  enough  to  hold  the 
forts  againsl  an  equal  enemy.     Two  of  them  were  empty; 


APPENDIX.  3G0 

one  of  those  two,  the  most  important  in  the  harbor.     It 

could  have  been  taken  at  any  time.  You  ought  to  know 
better  than  any  man,  that  it  would  have  been  taken,  but 
for  the  efforts  of  those  who  put  their  trust  in  your  honor. 
Believing  that  they  were  threatened  by  Fort  Sumter  espe- 
cially, the  people  were,  with  difficulty,  restrained  from 
securing,  without  blood,  the  possesison  of  this  important 
fortress.  After  many  and  reiterated  assurances  given  on 
your  behalf,  which  we  cannot  believe  unauthorized,  they 
determined  to  forbear,  and  in  good  faith  sent  on  their  Com- 
missioners to  negotiate  with  von.  They  meant  von  no 
harm  ;  wished  you  no  ill.  They  thought  of  you  kindly, 
believed  you  trim,  and  were  willing,  as  far  as  was  consistent 
with  duty,  to  spare  you  unnecessary  and  hostile  collision. 
Scarcely  bad  their  Commissioners  left,  than  Major  Ander- 
son waged  war.  No  other  words  will  describe  bis  action. 
It  was  not  a  peaceful  change  from  one  fort  to  another;  it 
was  a  hostile  act  in  the  highest  sense — one  only  justified  in 
the  presence  of  a  superior  enemy,  and  in  imminent  peril. 
lie  abandoned  his  position,  spiked  his  guns,  burned  bis  gun- 
carriages,  made  preparations  for  the  destruction  of  his  post, 
and  withdrew,  under  cover  of  the  night,  to  a  safer  position. 
This  was  war.  Xo  man  could  have  believed  (without  your 
assurance)  that  any  officer  csuld  have  taken  such  a  step, 
l>  not  only  without  orders,  but  against  orders."'  What  the 
State  did.  was  in  simple  self-defence  :  for  this  act,  with  all 
its  attending  circumstances,  was  as  much  war  as  firing  a 
volley  :  and  war  being  thus  begun,  until  those  commencing 
it  explained  their  action,  and  disavowed  their  intention, 
there  was  no  room  for  delay  ;  and,  even  at  this  moment, 
while  we  are  writing,  it  is  more  than  probable,  from  the 
tenor  of  your  letter,  that  reinforcements  are  hurrying  on  to 
the  conflict,  so  that  when  the  first  gun  shall  be  tired,  there 
will  have  been,  on  your  part,  one  continuous  consistent 
series  of  actions  commencing  in  a  demonstration  essentially 
warlike,  supported  by  regular  reinforcement,  and  terminat- 
ing in  defe.it  or  victory.  And  all  this  without  the  slight- 
est provocation  ;  for,  among  the  many  things  which  you 
i4 


370  APPBNDtX. 

have  Baid,  there  ia  one  thing  you  cannot  say — you  have 
waited  anxiously  fqr  news  from  the  Beal  of  war.  in  hopes 

that  delay  would  furnish  soi scuse  for  this  precipitation. 

Bill  this  "tangible  evidence  of  a  design  to  proceed  to  a 
hostile  art.  on  the  pari  of  the  authorities  of  South  Caro- 
lina." (which  is  the  oidy  justification  of  Major  Anderson,) 
you  are  forced  to  admit  "has  not  yet  been  alleged."  But 
you  have  decided.  You  have  resolved  to  hold  by  force 
what  you  have  obtained  through  our  misplaced  confidence, 

and  by  refusing  to  disavow  the  action  of  Major  Anderson, 
have  converted  his  violation  of  orders  into  a  legitimate  act 
of  your  Executive  authority.  Be  the  issue  what  it  may.  of 
this  we  are  assured,  that  if  Fort  Moultrie  has  been  recorded 
in  history  as  a  memorial  of  Carolina  gallantry,  Fort  Sum- 
ter will  live  upon  the  succeeding  page  as  an  imperishable 
testimony  of  Carolina  faith. 

By  your  course,  you  have  probably  rendered  civil  war 
inevitable.  Be  it  so.  If  you  choose  to  force  this  issue 
upon  as,  the  State  of  South  Carolina  will  accept  it,  and 
relying  upon  Him  who  is  the  Grod  of  justice  as  well  as  the 
<}od  of  hosts,  will  endeavor  to  perform  the  great  duty 
which  lies  before  her,  hopefully,  bravely  and  thoroughly. 
Our  mission  being  one  for  negotiation  and  peace,  and 
your  note  leaving  us  without  hope  of  a  withdrawal  of  the 
troops  from  Fori  Sumter,  <>r  of  the  restoration  of  the  status 
quo  existing  at  the  time  of  our  arrival,  and  intimating,  as 
we  think,  your  determination  to  reinforce  the  garrison  in 
the  Earbor  of  Charleston,  we  respectfully  inform  you  that 
we  propose  returning  to  Charleston  on  to-morrow  after- 
noon. 

We  have  the  honor  to  lie  sir,  very  respectfully, 
Your  obedient  servants, 

R.  W.   BARNWELL, 
J.  II.  ADAMS, 
JAMES  L.  ORR, 

Commissioners. 
To  his  Excellency  the  President 

of  the  United  States. 


APPENDIX. 

The  last  communication  is  endorsed  as  follows: 


371 


Executive  Mansion, 
.  3|  o'clock,  Wednesday. 

This  paper,  just  presented  to  the  President,  is  of  such  a 
character  that  he  declines  to  receive  it. 


STAT  KM  KXT      - 

Of  Messrs.   Miles  and  K'nir.  op  what  transpired* 
between  the   president  and  the  south  • 
Carolina   Deleg  ltion. 

In  compliance  with  the  request  of  the  Convention,  we 
beg  leave  to  make  the  following  statement : 

On  Saturday,  the  8th  of  December,  several  of  the  South 
Carolina  delegation,  including  ourselves,  waited  upon  the 
President.  At  this  time,  there  was  a  growing  belief  thai 
reinforcements  were  on  the  eve  of  being  sent  to  the  toils  in 
Charleston  harbor.  It  was  known  that  the  subject  was  fre- 
quently and  earnestly  discussed  in  the  Cabinet.  It  was 
rumored  that  General  Cass  and  Mr.  Holt  were  urgent  that 
reinforcements  should  ho  sent.  Upon  our  being  announced, 
the  President,  who  was  thou  in  Cabinet  Council,  came  out 
to  us  in  the  ante-room.  We  at  once  entered  into  a  conver- 
sation upon  the  topic" which  was  so  closely  occupying  his 
thoughts  as  well  as  ours.  The  President  seemed  mueh 
disturbed  and  moved.  He  told  us  that  he  had  had  a  pain- 
ful interview  with  the  wile  of  Major  Anderson,  who  had 
come  on  from  New  York  to  sec  him.  She  had  manifested 
great  anxiety  and  distress  ;it  the  situation  of  her  hushand, 
whom  she  seemed  to  consider  in  momentary  danger  of  an 

attack    from    an    excited   and    Lawless  mob.      The    President 

professed  to  feel  a  deep  responsibility  resting  upon  him  to 
protect  the  lives  of  Major  Anderson  and  his  command. 
"We  told  him  that  the  news  that  reinforcements  were  on 
their  way  to  Charleston,  would  he  the  surest  means  of  pro- 
voking what  Mrs.  Anderson  apprehended,  and  what  he  so 
much  deprecated.    We  said,  further,  that  we  did  not  believe 

that  Major  Anderson  was  in  any  danger  of  such  an  attack; 

that  the  general  sentiment  of  the  State  was  against  any 
such  proceeding.  That,  prior  to  the  action  of  the  State 
Convention,  then  only  ten  days  off,  we   felt  satisfied   that 


APPENDIX.  373 

there  would  be  no  attempt  to  molest  the  forts  in  any  way. 
That,  after  the  Convention  met — while  we  could  not  pos- 
sibly undertake  to  say  what  that  body  would  see  tit  to  do — 
we  yet  hoped  and  believed  that  nothing  would  be  done 
until  we  had  first  endeavored,  by  duly  accredited  Commis- 
sioners, to  negotiate  for  a  peaceful  settlement  of  all  mat- 
ters, including  the  delivery  of  the  forts,  between  South 
Carolina  and  the  Federal  Government.  At  the  same  time, 
we  again  reiterated  our  solemn  belief  that  any  change  in 
the  then  existing  condition  ^i'  things  in  Charleston  harbor, 
would,  in  the  excited  state  o\'  feeling  at  home,  inevitably 
precipitate  a  collision.  The  impression  made  upon  us  was, 
that  the  President  was  wavering,  and  had  not  decided  what 
coarse  he  would  pursue,  lie  said  he  was  glad  to  have  had 
this  conversation  with  us,  hut  would  prefer  that  we  should 
give  him  a  written  memorandum  of  the  substance  of  what 
we  had  said.  This  we  did  on  Monday,  the  10th.  It  was 
in  these  words  : 

To  his  Excellency  James  Buchak  \x, 

President  of  (he  United  Stales: 

In  compliance  with  our  statement  to  you  yesterday,  we 
now  express  to  you  our  strong  convictions  that  neither  the 
constituted  authorities,  nor  any  body  of  the  people  of  the 
State  of  South  Carolina,  will  either  attack  or  molest  the 
United  States  forts  in  the  harbor  of  Charleston,  previously 
to  the  action  of  the  Convention,  and  we  hope  and  believe 
not  until  an  offer  has  been  made,  through  an  accredited 
representative,  to  negotiate  for  an  amicable  arrangement  of 
all  matters  between  the  State  and  the  Federal  Government, 
provided  that  no  reinforcements  shall  be  sent  into  those 
forts,  and  their  relative  military  status  shall  remain  as  at 
present. 

JOHN  McQUEEN, 
WM.  PORCHER  MILES, 
M.   L.  BOXIIAM, 
YV.   W.  BOYCE, 
LAWRENCE  M.  KEITT. 
Washington,  9th  December,  1860. 


374  APPENDIX. 

The  Presidenl  did  not  like  the  word  "provided,"  because 
it  Looked  us  if  we  were  binding  him  while  avowing  that  we 
had  no  authority  to  commil  the  Convention.  We  told  him 
thai  we  did  not  bo  understand  it.  We  were  expressing  our 
convictions  and  belief,  predicated  upon  the  maintenance  of 
;i  certain  condition  of  things,  which  maintenance  was  abso- 
lutely and  entirely  in  his  power.  It'  he  maintained  such 
condition, then  we  believed  that  collision  would  be  avoided 
until  the  attempt  at  a  peaceable  negotiation  had  failed.  It* 
lie  did  not,  then  we  solemnly  assured  him  that  we  believed 
collision  must  inevitably,  and  at  once,  be  precipitated,  lie 
seemed  satisfied,  and  said  it  was  not  Ids  intention  to  send 
reinforcements,  or  make  any  change.  We  explained  to 
him  what  we  meant  by  the  words  "  relative  military  Btatus," 
as  applied  to  the  forts;  mentioned  the  difference  between 
Major  Anderson's  occupying  his  then  position  at  Fort 
Moultrie,  and  throwing  himself  into  Fort  Sumter.  We 
stated  that  the  latter  step  would  be  equivalent  to  reinforc- 
ing the  garrison, and  would  just  as  certainly  as  the  sending 
of  fresh  troops,  lead  to  the  result  which  we  both  desired  to 

avoid.    When  we  rose  to  go,  the  President  said  in  substance, 

••  After  all,  this  is  a  matter  of  honor  among  gentlemen.  I 
do  not  know  that  any  paper  or  writing  is  necessary.  We 
understand  each  other."  One  of  the  delegation,  just  before 
leaving  the  room,  remarked  :  "Mr.  President,  you  have  de- 
termined to  let  things  remain  as  they  are.  and  not  to  send 
reinforcements;  but,  suppose  that  you  were  hereafter  to 
change  your  policy  for  any  reason,  what  then?  That  would 
put  us,  who  are  willing  to  use  our  personal  influence  to 
prevent  any  attack  upon  the  forts  before  Commissioners 

are  sent  on  to  Washington,  in  rather  an  embarrassing  posi- 
tion." "Then,"  said  the  President,  l' I  would  first  return 
yon  this  paper."  We  do  not  pretend  to  give  the  exact 
words  on  either  side,  but  we  are  sure  we  give  the  sense  of 
Loth. 

The  above  is  a  full  and  exact  account  of  what  passed 
between  the  President  and  the  delegation.  The  President, 
in  his  letter  to  our  Commissioners,  tries  to  give  the  impres- 


APPENDIX.  O(0 

sion  that  our  "understanding"  or  "agreement"  was  not  a 
"pledge."  We  confess  we  are  not  sufficiently  versed  in 
the  wiles  of  diplomacy  to  feci  the  force  of  this  "distinction 
without  a  difference."  Hor  can  we  understand  how.  in  "a 
matter  of  honor  among  gentlemen,"  in  which  tk  no  paper 
or  writing  is  necessary,"  the  very  party  who  was  willing  to 
put  it  on  that  high  footing  can  honorably  descend  to  mere 
verbal  criticism,  to  purge  himself  of  what  all  gentlemen 
and  men  of  honor  must  consider  a  breach  of  faith.  The 
very  fact  that  we  (tie'  representatives  from  South  Carolina) 
were  not  authorized  to  commit  or  "pledge"  the  State, 
were  not  treating  with  the  President  as  accredited  minis- 
ters, with  full  powers,  hut  as  gentlemen,  assuming,  to  a 
certain  extent,  the  delicate  task  of  undertaking  to  fore- 
shadow the  course  and  policy  of  the  State,  should  have 
made  the  President  the  more  ready  to  strengthen  our  hands 
to  bring  about  ami  carry  out  that  course  and  policy  which 
lie  professed  to  have  as  much  at  heart  as  we  had.  While 
we  were  not  authorized  to  say  that  the  Convention  would 
not  order  the  occupation  of  the  forts  immediately  after 
secession,  and  prior  to  the  sending  on  of  Commissioners,  the 
President,  as  Commander-in-chief  of  the  Army  and  Navy 
of  the  United  States,  could  most  positively  say,  that  so  long 
as  South  Carolina  abstained  from  attacking  and  seizing 
the  forts,  he  would  not  send  reinforcements  to  them,  or 
allow  their  relative  military  status  to  be  changed.  We 
were  acting  in  the  capacity  of  gentlemen  holding  certain 
prominent  positions,  and  anxious  to  exert  such  influence  as 
we  might  possess  to  effect  a  peaceful  solution  of  pending 
political  difficulties,  and  prevent,  if  possible,  the  horrors  of 
war.  The  President  was  acting  in  a  double  capacity  ;  not 
only  as  a  gentleman,  whose  influence  in  carrying  out  his 
share  of  the  understanding,  or  agreement,  was  potential, 
but  as  the  head  of  the  army,  and,  therefore,  having  the  abso- 
lute control  of  the  whole  matter  of  reinforcing  or  transfer- 
ring, the  garrison  at  Charleston.  But  we  have  dwelt  long 
enough  upon  this  point.  Suffice  it  to  say,  that  considering 
the  President  as  bound  in  honor,  if  not  by  treaty  stipula- 


376  APPENDIX. 

tions,  no1  to  make  any  change  in  the  forte,  or  to  send  rein- 
forcements to  them,  unless  they  were  attacked,  we  of  the 
ition  who  were  elected  to  the  Convention,  felt  equally 
bound  in  honor  to  do  every  thing  on  our  part  to  prevent 
any  premature  collision.  This  Convention  can  bear  us 
witness  as  to  whether  or  not  we  endeavored  honorably  to 
carry  out  our  share  of  the  agreement. 

The  published  debates  at  the  very  commencement  of  the 
session,  contain  the  evidence  of  our  good  faith.  We  trust- 
ed the  President  We  believed  his  wishes  concurred  with 
his  policy,  and  that  both  were  directed  to  avoiding  any 
inauguration  of  hostilities.  We  were  confirmed  in  our 
confidence,  and  reassured  in  our  belief  by  a  significant 
event  which  took  place  subsequent  to  our  interview.  Ee 
allowed  his  premier  Cabinet  officer,  an  old  and  tried  friend, 
to  resign,  rather  than  yield  to  his  solicitations  for  the  rein- 
forcement of  the  garrison  at  Charleston.  We  urged  this 
as  a  convincing  proof  of  his  firmness  and  sincerity.  But 
how  have  we  been  deceived!  The  news  of  Major  Ander- 
son's coup  produced  a  sudden  and  unexpected  change  in 
the  President's  policy.  While  declaring  that  his  with- 
drawal from  Fort  Moultrie  to  Fort  Sumter  was  "without 
orders,  and  contrary  to  orders,"  he  yet  refused,  for  twelve 
hours,  to  take  any  action  in  the  matter.  For  twelve  hours, 
ther<  fore,   without    any   excuse,    he    refused    to    redeem   his 

plighted  word.     Xo  subsequent   acts  on   the  part  of  our 

►State — no  after  reasons — can  wipe  away  the  stain  which  he 
suffered  to  rest  upon  his  "honor  as  a  gentleman,"  while 
those  hours,  big  with  portentous  events,  rolled  slowly  by. 
His  Secretary  of  War,  impatient  of  a  delay,  every  moment 
of  which  he  felt  touched  his  own  honor,  resigned,  lie  did 
so  solely  on  the  ground  that  the  faith  of  the  govern- 
ment— solemnly  pledged — was  broken,  if  it  failed  promptly 
to  undo  what  had  been  done  contrary  to  its  wishes — against 

its  settled  policy — and  in  violation  of  its  distinct  agreement. 
The  President  accepted  his  resignation  without  comment, 
lie  did  not  attempt  to  disabuse  the  mind  of  his  Secretary  as 
to  what  was  tbe  true  position  of  the  Government.     WThat  ti 


APrEXDix.  37? 

spectacle  does  the  President's  vacillating  and  disingenuous 
course  present!  He  allows  one  Secretary  to  resign  rather 
than  abandon  a  policy  which  lie  has  agreed  upon.  Scarcely 
hare  a  few  short  weeks  elapsed,  and  he  accepts  the  resig- 
nation of  another,  rather  than  adhere  to  that  vci'y  policy. 
He  makes  an  agreement  with  gentlemen  which,  while  he 
admits  that  they  have  faithfully  kept  it  on  their  part,  he 
himself  evades  and  repudiates.  And  this  he  docs  rather 
than  redress  a  wrong — correct  an  error — what  he  himself 
considers  an  error — committed  by  a  subordinate,  without 
his  orders,  and  contrary  to  his  wishes!  It  was  at  least  due 
to  Air.  Floyd,  who,  as  one  of  his  Cabinet,  had  officially  and 
personally  stood  by  his  administration  from  its  very  com- 
mencement— through  good  report,  and  through  evil  report  — 
to  have  explained  to  him  that  he  was,  iy  the  President's  opin- 
ion, laboring  under  a  misapprehension.  At  least,  to  have 
said  to  him,  "von  are  mistaken  about  this  matter — do  not 
leave  me  on  a  false  issue."  But  no;  he  coldly,  ungra- 
ciously, yet  promptly  receives  the  resignation  without  a 
syllable  of  remonstrance,  and  thus  tacitly,  hut  unequivo- 
cally, accepts  without  shame  the  issue  presented,  lie  does 
not  deny  that  the  faith  of  his  government  is  pledged,  hut 
he  deliberately  refuses  to  redeem  it. 

WM.  PORCHER  MILES. 

LAURENCE  M.  KEITT. 


REPORT  OF  THE  COMMITTEE  ON  THE  MILI- 
TARY; WITH  THE  ACCOMPANYING  RESOLU- 
TIONS. 

The  Special  Committee  on  the  Military,  to  whom  was 
referred  so  much  of  the  communication  of  his  Excellency, 
Gov.  I'iekens,  and  accompanying  documents  as  relates  to 
the  transfer  of  enlisted  troops,  arms,  ordnance  and  muni- 
tions of  war,  to  the  Government  of  the  Confederate  States, 
to  the  Coast  defences  and  Volunteers  in  the  service  of  this 
State,  and  the  resolution  of  Mr.  Orr  as  to  the  troops  raised 
for  the  defence  of  this  State,  &c,  beg  leave  to 

Report  : 

That  they  have  had  the  matters  referred  under  considera- 
tion, and  the  matters  which  specially  engaged  their  atten- 
tion were.  ///•>/.  the  uumber  and  amount  of  arms,  ordnance 
and  munitions  of  war  which  it  was  proper  to  transfer,  and 
the   mode    of  settlement   therefor.       They   have   deemed    it 

expedient  to  turn  over  to  the  Confederate  Government  all 
such  as  have  been  purchased  since  the  20th  of  December 
last  and  are  now  in  our  possession,  and  such  other  arms, 
ordnance  and  munitions  (including  those  taken  in  the  forts 
and  arsenals  in  this  State  lately  in  the  possession  of  the 
United  States  Government),  as  the  Governor  and  Board  of 
Ordnance  may  deem  it  advisable  to  transfer  with  a  due 
regard  to  the  safety  and  defence  of  this  State. 

Secondly. — The  transfer  of  the  regular  enlisted  troops 
now  in  the  service  of  the  State  to  the  Government  of  the 
Confederate  States.  This  your  Committee  are  of  opinion 
should  be  done  without  delay;  but,  in  doing  so,  the  Gov- 
ernor should  insist  upon  the  preservation  of  their  present 
organization  and  the  maintenance  of  the  rank  of  the  offi- 
cers,  if  practical  so  to  do  under  the  provisions  of  the  Act 


APPENDIX.  379 

of  the  Congress  of  the  Confederate  .  entitled  an  ••Art 

to  raise  Provisional  Forces  for  the  Confederate  States  of 
America,  and  for  other  purposes." 

This  we  have  the  assurance,  in  the  communication  of  his 
Excellency,  will  be  urged  by  him  as  far  as  practicable. 

Thirdly. — The  tender  of  volunteers  to  the  Confederate 
States,  and  providing  for  their  entering  the  Bervice  of  the 
Confederate  States,  under  the  Aet  of  Congress  referred  to. 
Your  Committee  have  arrived  at  the  conclusion,  that  while 
the  assent  of  this  Stat.'  should  be  cheerfully  yielded  under 
the  provisions  of  the  Act  of  the  Confederate  Congress,  yel 
it  is  but  proper  that  preferences  should  be  given  to  the 
forces  already  in  service  and  those  now  organized  under 
the  Act  of  the  Legislature  of  this  State  at  its  lasl  session. 

The  propriety  of  this  course  is  bo  manifestly  just  to  these 
forces,  their  efficiency,  discipline  and  preparation  bo  fully 
completed,  and  the  promptness  by  which,  with  their  tender 
and  consent,  they  can  be  thrown  into  the  field,  that  your 
Committee  deem  it  unnecessary  to  discuss  it  at  length.  In 
east  these  forces  do  not  furnish  a  sufficient  number  to  an- 
swer the  call  of  the  President  of  the  Confederate  State-, 
then  it  follows  that  volunteers  from  other  sources  can  ten- 
der their  services  to  supply  the  deficiency  ;  hut  your  Com- 
mittee apprehend  no  such  contingency,  under  the  resolu- 
tions they  submit  on  these  subjects. 

The  reports  of  Gen.  I).  F.  Jamison,  of  the  War  Depart- 
ment, and  of  the  Hon.  A.  C  Garlington,  of  the  Interior  and 
Coast  Defence,  furnish  valuable  information  as  to  the  con- 
dition for  defence  the  State  now  occupies,  that  your  Com- 
mittee recommend  that  live  hundred  copies  of  each  be 
printed  for  the  use  of  this  Convention,  and  for  distribution 
thereby. 

There  is  one  other  subject  that  has  occupied  the  attention 
of  your  Committee,  incidentally  connected  with  the  matters 
referred  to  them,  and  that  is  the  mode  of  payment  we  are 
to  adopt  by  which  this  State  is  to  he  paid,  and  reimbursed 
for  her  military  expenditures,  &c,  since  our  Act  of  Seces- 
sion.    Your  Committee  are  of  opinion  that  for  such  por- 


APPENDIX. 

tinn  .it"  the  amounl  which  will  be  due  thia  State  by  the 
Confederate  Government,  upon  a  settlement  for  bur  dis- 
bursements, should  lit'  received  in  the  Bonds  of  the  <  lonfed- 
States,  now  about  to  be  issued  under  the  fifteen  million 
loan  provided  for  by  Act  of  the  Confederate  Congress, 
except  what  will  be  necessary  to  prevenl  embarrassment  to 
the  finances  of  our  Treasury,  and  they  beg  leave  to  recom- 
mend the  adoption  of  a  resolution  herewith  submitted  on 
that  subject. 

Four   Committee,    therefore,    beg   leave    to    report    the 
accompanying  resolutions,  and  recommend  their  adoption. 

All  of  which  is  respectfully  submitted. 

W.  W.  HARLLEE,  Chairman. 


Resolutions  to  provide  for  the  transfer  of  arms,  ordnance, 

and  munitions  of  war,  by  this  State  to  the  Government 
of  the  Confederate  States  of  America. 

Resolved,  That  the  Governor  be,  and  is  hereby,  author- 
ized to  transfer  to  the  authorities  of  the  Confederate  States 
of  America  all  of  the  ordnance,  arms  and  munition  of 
war,  which  have  been  purchased  by  the  authorities  of  this 
State,  and  now  in  her  possession,  since  the  twentieth  day 
of  December  last,  except  such  as  he,  with  the  Board  of 
( >rdnance,  may  think  it  advisable  to  retain,  upon  payment  to 
this  State  of  the  cost  and  expenses  thereof,  or  securing  such 
payment  to  the  satisfaction  of  the  Governor  and  Council. 
That  he,  also,  by  and  with  the  advice  and  consent  of  the 
Board  of  Ordnance,  transfer  to  the  said  Confederate  Gov- 
ernment all  of  the  arms,  ordnance,  and  munitions  of  war 
which  have  been  taken  in  the  forts  and  arsenals  of  this 
State,  lately  in  possession  of  the  Government  of  the  United 
States,  except  such  as,  in  their  discretion,  should  he  retained 
for  the  use  and  defence  of  the  State,  taking  therefor  such 
receipts  and  assurances  as  will  secure  to  this  State  the 
value  thereof,  or  will  indemnify  the  State  in  any  account- 
ing which  may  hereafter  he  had  with  the  United  States 
( Government. 


APPENDIX.  381 

And  that  the  Governor  and  Board  of  Ordnance  be  au- 
thorized and  directed  to  turn  over  all  the  arms,  ordnance, 
and  munitions  of  war  to  the  authorities  of  the  Confederate 
States,  in  possession  of  this  State,  upon  payment  therefor, 
or  securing  such  payment,  which,  in  their  discretion,  can 
he  spared  consistently  with  the  safety  and  defence  of  this 
State. 

Resolution  to  provide  for  the  transfer  of  the  regular  en- 
listed troops  of  this  State  to  the  Government  of  tin' 
Confederate  States. 

Resolved,  That  it  is  proper  that  the  regular  troops  which 
have  heen  enlisted  in  the  service  of  the  State,  should  be 
transferred,  for  the  remainder  of  their  term  of  enlistment, 
to  the  service  of  the  Confederate  States  ;   hut  that  in  doing 

so,  justice  requires  that  all  the  officers  should  receive  com- 
missions of  tin'  same  grade  for  at  least  the  period  of  enlist- 
ment of  the  troops,  and  that  the  Governor  of  the  State  he 
authorized  to  make  arrangements  accordingly  for  such 
transfer  with  the  President  of  the  Confederate  States,  and 
to  endeavor  to  preserve,  if  practicable,  the  rank  of  all  the 
officers. 

Resolutions  to  provide  for  tendering  a  Volunteer  Force  t<» 

the  Confederate  States. 

/,'  solved.  That  it  is  the  sense  of  this  Convention  that  (lie 
sudden  call  which  was  gallantly  answered  by  the  First 
Regiment  of  South  Carolina  Volunteers,  now  in  the  service, 
and  the  valuable  services  which  that  Regiment  has  ren- 
dered, give  it  a  just  claim  to  an  honorable  discharge,  as 
soon  as  the  pressing  exigency  of  State  affairs  will,  in  the 
judgment  of  the  Governor,  permit;  hut  that,  if  it  should 
be  the  desire  of  the  said  Regiment  to  prolong  its  service, 
then  il  mall  have  the  privilege  of  being  the  tir^t  corps 
transferred  to  the  service  of  the  Confederate  States,  upon 
making  the  necessary  change  in  their  term  of  enrolment: 
and  that  if  the  whole  Regiment  shall  not  desire  to  extend 
the  term,  hut  a  number  of  Companies  and  men  sufficient, 


382  APPENDIX. 

with  the  aid  ofprompl  recruiting,  to  form  an  efficient  Regi- 
ment, shall  choose  to  do  bo,  they  Bhal]  have  the  same  privi- 
and  shall  retain  the  regimental  name  and  colors. 

/,'  olved,  That  if  the  services  of  the  Firsl  Regiment  shall 
not  1'"  needed  in  the  field  for  the  whole  of  their  term  of 
six  months,  the  Governor  may,  at  his  discretion,  permit 
the  whole  or  any  part  of  the  Regimenl  to  return  to  their 
homes,  subject  to  his  call  whenever  it  may  be  requisite 
during  the  said  term — their  pay  and  allowance  being  sus- 
pended while  so  at  home — and  that  in  the  event  of  a  treaty 
of  peace  being  made  between  the  Confederate  States  and 
the  United  States  before  the  expiration  of  the  said  term, 
the  Governor  shall  be  authorized  to  disband  the  said  Regi- 
ment. 

Resolved,  That  whenever  a  Volunteer  Force  shall  he 
called  for  by  the  Government  of  the  Confederate  States, 
the  Governor  he  authorized  to  call  for  as  many  Regiments 
of  the  twelve  months'  volunteers  already  organized  as  may 
he  needed  ;   and  that  if  the  said  Regiment   shall   consent  to 

no  into  the  service  of  the  Confederate  states,  they  shall  he 
transferred  accordingly;  and  if  the  whole  of  any  Regiment 
shall  not  so  consent,  hut  Companies  and  men  enough  shall 
do  so  to  form,  by  aid  of  recruiting,  an  efficient  Regiment, 
such  Regimenl  shall  he  transferred  in  the  same  manner; 
provided,  that  preference  shall  he  given  to  the  said  Regi- 
ments in  the  order  in  which  they  now  rank". 

Resolved,  That  in  case  a  sufficient  number  he  not  raised 
from  these  organizations,  then  any  other  Companies,  Bat- 
talions or  Regiments  are  hereby  authorized  to  volunteer 
and  tender  their  services  till  the  requisite  number  is  sup- 
plied and  received. 


REPORT  OF  THE  SECRETARY  OF  STATE. 

State  of  South  Carolina. 
Executive  Office,  Department  of  State. 
Charleston,  'lAih  March,  1861. 

Sir:  In  obedience  bo  a  resolution  of  the  Executive  Coun- 
cil; I  beg  respectfully  to  report  to  you  such  matters  trans- 
acted in  the  department  of  the  Executive  Council  under 
my  charge,  as  may  be  of  interest  to  the  Convention. 

The  printed  series  of  Executive  Documents  which  ac- 
company this  report,  will  fully  and  sufficiently  explain  the 
circumstances  which  induced  them.  To  these,  no  more 
particular  reference  is  necessary,  than  such  as  it  may  be 
proper  to  make  in  explanation  of  the  mission  committed  to 
the  lion.  T.  W.  Hayne.  The  real  purpose  of  that  mission 
was  to  determine  with  precision  the  precise  position  occu- 
pied by  the  Government  of  the  United  States  to  the  State, 
of  South  Carolina,  The  repulse  of  the  "Star  of  the  West"' 
changed,  or  rather  defined  more  sharply  the  former  rela- 
tions of  the  State;  and  the  communication  of  the  com- 
mander of  Fort  Sumter  required  that  the  power  to  execute 
a  purpose  like  that  threatened  by  him,  should  not  be  within 
the  control  of  any  one  longer  than  was  necessary  to  accom- 
plish its  overthrow.  To  demand  the  surrender  of  the  Fort 
therefore,  became  a  duty;  and  if  a  duty,  to  transfer  the 
demand  to  the  Government  by  which  only  the  transfer 
could  be  ordered,  was  manifestly  proper.  In  the  prosecu- 
tion of  the  demand,  it  was  regarded  as  fortunate  that  cir- 
cumstances not  invited  by  the  State,  but  yet  commanding 
its  respectful  attention,  should  have  intervened;  and  that 
these  should  have  led  to  the  exposure  of  the  pretended 
grounds,  upon  which  the  maintenance  of  Fort  Sumter  was 
rested  by  the  Government  of  the  United  States  ;  and,  at 
the  same  time,  in  a  just  deference  to  the  wishes  of  sister 


■>  \  APPENDIX. 

States,  have  incidentally  involved  a  delay  of  great   c 
quence  to  the  Btate  in  the  preparation  of  its  defem 

Among  the  papers  of  this  Department  which  arc  not 
published,  but  which  may  be  of  interest,  are  the  despatches 
communicated  to  the  Commissioners  of  the  Btate  to  the 
several  Suites,  then  about  to  Becede.  These  despatches 
show  the  interest  taken  in  the  welfare  of  that  State  sup- 
posed to  be  the  most  defenceless.  The  Commissioner  to 
Florida  was  requested  to  give  to  that  State  the  assurance 
that  its  cause  was  regarded  by  the  other  States  with  as 
much  solicitude  as  their  own:  and  that  in  anticipation  o[' 
the  Convention  of  the  seceding  States,  a  common  necessity 
should  induce  a  common  obligation  on  these  States  to  share 
with  each  other  the  means  of  defence,  or  the  dangers  of 
attack.     The  more  full  expression  of  these  opinions  will  he 

found  in  tin1  copies  of  despatches  herewith  enclosed. 

No  occasion  has  arisen,  in  which  it  was  considered  neces- 
sary, during  the  separate  condition  of  the  State,  to  require 
distinctly  from  the  representative  of  any  Foreign  Power 
the  recognition  of  its  political  independence,  except  in  the 
case  of  the  appointment  of  a  successor  to  the  Spanish  Con- 
sul, at  this  port.  The  communication  then  addressed  to 
Mr.  Mom-ado,  will  show  the  course  pursued,  in  regard  to 
such  officials,  within  the  State.  Upon  the  ascertainment 
of  the    fact,  thai    the    President    of  the    Tinted    States    had 

recognized  a  successor  to  Mr.  Moncado,  a  letter  was  ad- 
dressed to  that  gentleman,  informing  him  that  his  suc- 
cessor would  not  he  allowed  to  exercise  his  office  within 
the  limits  of  the  State,  unless  he  would  present  his  creden- 
tials, and  he  recognized  by  the  Governor, of  this  State.  The 
hope  was  expressed  that  the  Consul  who  was  then  in  office 
should  he  allowed  to  remain  at  this  port.  The  letter  was 
communicated  by  the  Spanish  Consul  to  the  Spanish  Min- 
ister at  Washington.  The  successor  who  was  recognized, 
has  not,  however,  appeared.  At  this  stage  of  the  corres- 
pondence, the  papers  were  transferred  to  the  Department 
of  State,  at  Montgomery. 
The  several  documents,  as  directed  by  a  resolution  of  the 


APPENDIX.  385 

Convention,  have  been  delivered  to  the  representatives  of 
Foreign  Powers,  at  Washington.  It  was  intended  that  a 
Special  Commissioner  should  be  sent  to  the  principal  Courts 
of  Europe.  But  the  meeting  of  the  Convention  of  the 
seceding  States  at  an  early  day,  and  other  considerations, 
also,  of  a  controlling  character,  led  to  the  conclusion  that, 
under  the  circumstances,  it  would  be  most  expedient  not  to 
send  any  persons  charged  with  that  duty. 
Respectfully,  your  obedient  servant, 

A.  G.  MAGRATH. 

For  the  Governor. 


25 


REPORT  OF  THE  SECRETARY  OF  WAR. 

Executive  Obeice,  Department  ob  Wab,, 
Charktton,  8.  C.  March  25th,  1861. 
To  his  Bxcellepcy  Governor  Pickens: 

Bib.:  In  compliance  with  a  resolution  of  the  Executive 
Council,  requiring  the  several  heads  of  Departments  to 
make  a  report  to  your  Excellency  of  such  matters  as  may 
lie  necessary  to  give  information  of  the  presenl  condition 
of  tlic  State,  and  of  the  policy  and  acts  of  cadi  of  tlte 
Executive  Departments,  since  the  adjournment  of  the  Con- 
vention, I  have  tlir  honor  to  lay  before  yon  a  brief  sum- 
mary of  what  has  been  done  in  the  Department  with  which 
I  have  been  entrusted. 

At  the  rising  of  the  Convention,  on  the  5th  of  January 
last,  tlic  important  and  almost  exclusive  subject  which 
engaged  our  attention  was  the  occupation,  by  a  hostile 
force,  "I'  an  almost  impregnable  fortress  within  our  harbor, 
and  the  chief  difficulty  with  which  we  had  to  contend, 
arose  from  the  extreme  wanl  of  every  offensive  preparation 
for  the  reduction  of  tic  fort,  or  for  preventing  the  entrance 
of  reinforcements  within  our  waters.  The  great  wanl  was 
the  very  insufficient  supply  of  ammunition  and  implements 
for  guns  of  heavy  calibre.     Of  cannon  powder,  '27,000  lbs. 

Only  were  in  the  possession  of  the  State  and  of  this  a  con- 
siderable quantity  had  been  sent  to  the  batteries  erected  to 
defend  the  entrances  to  the  harhors  of  Georgetown  and 
Beaufort,  which  left  less  than  20.000  IPs.  near  this  city,  or 
not  more  than  sufficient  to  have  kept  up  a  tire  for  three 
hours  on  the  day  when  the  "Star  of  the  West,"  approached 
within  our  bar.  Of  shot  and  shell  the  supply  was  in  the 
same  meagre  proportion,  except  of  24-pounder  shot,  which 
had  been  left  at  Fort  Moultrie  when  that  fort  was  evacuated 


APPENDIX.  387 

by  the  troops  of  the  United  States.  Added  to  this,  the 
guns  which  had  been  spiked,  and  the  gun  carriages  burnt, 
at  Fort  Moultrie,  had  not  been  replaced:  not  a  battery  had 
been  erected  which  bore  on  Fort  Sumter,  and  the  ap- 
proaches to  the  harbor  were  only  defended  by  the  unin- 
jured guns  at  Fort  Moultrie  and  three  24-pounder  guns, 
mounted  en  barbette,  on  a  hastily  constructed  and  imperfect 
earth-work,  on  Morris'  island. 

Since  the  time  mentioned,  the  supply  of  cannon  powder 
has  been  increased  to  240,450  lbs.,*  with  40,000  lbs.  of 
musket  and  46,900  lbs.  of  rifle  powder.  Besides  this.  a 
large  quantity  of  ordnance  stores,  as  shells,  balls,  friction 
tubes,  percussion  caps,  lead,  cartridge  paper,  cartridge 
bags,  artillery,  infantry  and  rifle  equipments,  have  been 
purchased,  and  they  are  now  on  hand  or  in  the  course  of 
construction  and  manufacture,  through  the  indefatigable 
labors  of  the  Board  of  Ordnance.  During  the  same  period, 
three  9-inch  Dahlgren  guns  and  seven  10-inch  mortars  have 
been  purchased,  together  with  six  hundred  and  tifty  Enfield 
rifles  and  five  hundred  Colt's  navy  revolvers. 

The  corps  of  Engineers  have  been,  likewise,  unremit- 
tingly employed  in  the  construction  of  works  for  the  reduc- 
tion of  Fort  Sumter,  and  the  defence  of  the  entrances  to  the 
harbor.  At  Fort  Moultrie,  on  Sullivan's  island,  the  injured 
guns  have  been  replaced,  and  all,  amounting  to  thirty-eight 
in  number,  of  various  calibres,  have  been  protected  by  well 
constructed  merlons ;  the  magazine  has  been  made  bomb- 
proof, and  other  works  have  been  erected  for  the- security 
of  the  garrison.  To  the  east  of  Fort  Moultrie,  on  the  same 
island,  the  entrance  to  MatHt's  channel  has  been  defended 
by  a  battery  of  one  8-inch  howitzer,  two  32-pounders  and 
two  24-pounders.  Between  that  battery  and  Fort  Moultrie 
there  is  a  mixed  battery  of  three  10-inch  mortars  and  two 
32-pounders.  West  of  Fort  Moultrie,  at  about  two  hundred 
yards  distance  from  the  fort,  a  battery  of  two  10-inch  mor- 


?  This  does  not  include  25,000  lbs.  of  powder  purchased  at  Richmond  as  cannon 
powder,  but  which  is  of  little  use  except  for  blasting  purposes. 


388  APPKNIUX. 

tare  has  been  erected;  and  an  enfilade  battery  o\'  two  82 
and  tw<>  24-pounders  has  been  erected  at  a  point  of  Sulli- 
van's island,  nearesl  to  Fort  Bumter.  Besides  these  on 
Sullivan's  island,  there  areftwo  12-pounder  guns  and  a  full 
field-battery  of  artillery  at  Breach  inlet,  a1  the  extreme 
eastern  point  of  the  island. 

On  Morris'  island,  at  Oummings'  Point,  a  battery  of  lour 
mortal's  lias  been  erected.  Near  this,  a  battery  of  three 
8-inch  columbiads,  covered  with  heavy  timbers  and  railroad 
in>n.  At  the  termination  of  the  parallel,  or  covered  way, 
there  is  a  mortar  battery  of  two  mortars.  These  all  bear 
on  Fort  Sumter.  The  channel  is  defended  by  a  battery, 
designated  as  battery  <i.  of  two  8-inch  howitzers;  by  bat- 
tery F,  of  two  8-inch  howitzers  ami  two  42-pounders;  by 
battery  E,  of  one  8-inch  columhiad;  by  battery  D,  of  two 
8-inch  columbiads;  by  battery  C,  of  two  24-pounders;  by 
battery  B,  of  two  24-pouriders;  by  k-Star  of  the  West" 
battery,  of  four  24-pounders;  by  sunken  battery  of  two 
9-inch  Dahlgren  guns:  by  a  battery  at  Vinegar  Hill,  of 
two  24-pounders;  and  by  two  24-pounders  and  two  12- 
pounders  at  Light  House;  inlet. 

At  Fort  Johnson,  on  dames'  island,  there  are  two  mortar 
batteries,  of  two  10-inch  mortars  in  each,  and  one  gun 
battery  of  one  24-pounder. 

At  Fori  Palmetto,  on  Cole's  island,  near  the  mouth  ^{' 
Btono  river,  there  is  a  battery  of  two  24-pounders  and  two 
18-pounders. 

At  Battery  island,  on  Stono  river,  four  24-pounders  have 
been  ordered  to  be  placed  in  battery. 

A  mortar  battery  of  three  mortars,  is  in  the  course  of 
construction,  near  Mount  Pleasant, 

A  floating  battery,  strongly  made,  and  cased  in  front  with 
iron  plates,  has  been  constructed  to  breach  the  facade  of 
Fort  Sumter,  towards  James'  island.  This  battery  has 
been  mounted  with  two  42  and  two  32-pOUnders. 

Besides  the  above-mentioned  guns  in  position,  there  are 
thirty-nine  guns,  of  different  kinds  and  calibres,  at  the 
Citadel,  most   of  which  are   not  mounted,    and   there  are 


ArPEsmx.  389 

four  heavy  10-inch  mortars  just  received,  and  one  9-inch 
Dahlgren  gun  expected,  momentarily,  from  Richmond. 
-  To  man  the  different  batteries  and  fortifications  men- 
tioned, and  to  prevent  the  landing  of  a  hostile  force  on 
Sullivan's  and  Morris'  island,  the  troops  are  distributed  as 
follows:  On  Sullivan's  island  there  are  thirteen  hundred 
and  ninety-four  men,  consisting  of  artillery,  infantry,  and  a 
detachment  of  dragoons,  the  whole  under  the  command  of 
Brig. -Gen.  Dunovant.  On  Morris'  island,  there  are  thir- 
teen hundred  and  fifty-six  men,  consisting  of  artillery  and 
infantry,  under  the  command  of  Col.  Maxcy  Gregg.  At 
Fort  Johnson  there  are  o\ic  hundred  enlisted  men,  under 
Capt.  James;  thirty-one  enlisted  men.  under  Lieut.  Island- 
ing, at  Castle  Pinckney,*  and  one  hundred  and  forty-six 
men,  composed  of  artillery  and  infantry,  under  Capt.  Tope, 
at  Fort  Palmetto,  making  in  all,  three  thousand  and  twen- 
ty-seven men  ;  which  force  has  been  placed  under  the 
command  of  Brig.-Oen.  Beauregard,  an  officer  of  the  army 
of  the  Confederate  States  of  America. 

Under  the  resolution  of  the  Convention,  authorizing 
your. Excellency  "to  receive  into  the  service  of  the  State, 
tor  a  period  not  exceeding  six  months,  sueh  Volunteer  com- 
panies as  may  tender  their  services,"  a  Regiment,  under 
the  command  of  Col.  Maxcy  Gregg,  was  promptly  raised, 
which  amounted  at  the  date  of  the  last  Morning's  Report, 
to  one  thousand  and  fifty-nine  men,  including  officers. 

Under  another  resolution  of  the  Convention,  authorizing 
your  Excellency  to  raise  a  regiment  of  enlisted  men,  and 
an  Act  of  the  Legislature,  amending  the  resolution  of 
the  Convention,  "  creating  a  Military  Establishment  for  the 
State  of  South  Carolina  and  for  other  purposes,"  which 
authorizes  the  raising  of  a  Regiment  of  Infantry,  a  Battal- 
ion of  Artillery,  and  a  Squadron  of  Cavalry,  nine  hundred 
and  sixty  men  have  been  eidisted,  and  are  now  on  duty, 
under  the  command  of  Brig.-Gen.  R.  G.  M.  Dunovant. 

*  These  have  been  removed  since  the  last  report,  in  order  to  provide  a  temporary- 
station  for  a  number  of  recruits  just  enlisted  for  the  army  of  the  Confederate 
States. 


APPENDIX. 

By  an  Act  of  the  Confederate  States  of  America,  enti- 
tled, "An  Act  to  raise  Provisional  Forces  for  the  Confed- 
erate States  of  America,"  it  is  provided  thai  the  President 
be  authorized  to  receive  into  the  service  of  thai  Govern* 
ment,  such  forces,  now  in  the  service  of  the  States,  as  may 
be  tendered,  or  who  may  volunteer  by  consent  of  their 
State,  by  companies,  battalions  or  regiments,  for  any  time 
nol  Less  than  one  year,  with  power  in  the  President  of  the 
Confederate  States  to  appoint  the  officers  above  the  rank  of 
Colonel.  As  this  Act  of  the  Confederate  States  comes  in 
conflict  with  certain  laws  of  the  State  of  South  Carolina, 
and  as  it  is  probable  that  in  any  constitutional  compact 
which  this  State  may  enter  into  with  other  States,  the  main- 
tenance of  troops,  in  time  of  peace,  will  be  prohibited,  I 
would  suggest  to  your  Excellency  the  propriety  of  recom- 
mending to  the  Convention  such  modifications  of  our  laws 
on  the  subject,  as  may  relieve  it  of  its  present  embarrass- 
ments. 

Under  "An  Act  to  provide  an  Armed  Military  Force," 
nine  Regiments  of  Infantry  have  been  received  and  organ- 
ized into  lour  Brigades  and  one  Division.  This  formation 
do.s  not  include  two  Regiments  now  in  the  process  of 
organization,  or  the  troops  of  the  City  of  Charleston.  The 
country  t loops  already  Organized  have  been  very  impatient 
under  the  restraints  necessary  to  keep  them  in  reserve  for 
a  period  of  greater  trial  to  the  State,  if  that  should  unhap- 
pily occur;  hut  it  lias  hitherto  been  thought  advisable  not 
to  muster  them  into  service,  as  no  one  could  anticipate 
what  line  of  military  operations  it  would  be  expedient  to 
adopt,  or  where,  or  in  what  manner,  our  enemies  might 
attack  us,  and  as  the  number  of  troops  necessary  for  the 
exigencies  of  the  service  were  supplied  by  the  patriotic 
devotion  of  the  militia  of  Charleston,  with  the  addition  oi' 
a  spirited  corps  of  artillery  from  Columbia;  the  order  to 
call  the  others  down  to  this  point  lias  been  suspended  from 
time  to  time,  in  almost  daily  expectation  that  the  state  of 
armed  preparation  would  cease,  or  that  a  larger  force  would 
become   necessary.     The  financial   objection  was  also   not 


APPENDIX.  391 

without  weight,  as  the  Legislature  has  not  been  profuse  in 
its  estimates  for  the  number  of  men  even  now  iu  the  field, 
and  the  call  for  the  volunteers  for  twelve  months  would 
entail  a  very  considerable  additional  expense  to  the  State, 
as  well  as  occasiou  great  sacrifices  to  the  individual  mem- 
bers composing  the  country  troops. 

The  Departments  of  the  Quarter-mastcr-General  and  ot 
the  Commissary-General,  those  common  sources  of  com- 
plaint in  an  army,  have  been  satisfactorily  conducted  by 
the  active  and  competent  officers  at  the  head  of  those 
Departments.  The  duties  of  the  Quarter-master-General 
have  been  largely  increased  by  the  frequent  and  unusual 
calls  upon  his  Department  from  the  varied  nature  of  the 
operations  carried  on  for  several  months;  and  the  expenses 
have  been  necessarily  large,  from  the  means  emnloved  for 
transporting  troops,  provisions  and  materials  to  the  differ- 
ent posts  in  and  near  the  harbor  of  Charleston.  I  am 
gratified  to  be  able  to  state,  on  the  authority  of  the  Com- 
missary-General that  notwithstanding  the  comparative  high 
prices  of  provisions,  occasioned  by  the  unusual  demand, 
the  cost  of  a  ration  has  been,  so  far.  below  nineteen   cents. 

The  arrangements  of  the  Department  of  the  Surgeon- 
General  have  been  equally  satisfactory;  and  it  gives  me 
much  satisfaction  to  report  that  the  health  of  the  troops 
has  been  excellent. 

[  am  unwilling  to  close  this  report  without  making  more 
particular  mention  of  the  spirit  and  efficiency  of  the  troops 
now  in  the  service  of  the  State.  I  have  never  seen  a  better 
class  of  recruits  than  those'  recently  enlisted  into  our  ser- 
vice  ;  and  under  the  training  of  their  very  competent  and 
diligent  officers,  they,  especially  the  first  enlisted,  have 
become  well-drilled  and  steady  soldiers. 

It  was  very  gratifying  to  witness  the  alacrity  with  which 
the  volunteers,  for  six  months,  answered  the  call  of  the 
Convention  for  their  services,  and  thereby  fully  entitled 
themselves  to  the  appellation  of  "Minute  Men,"  under 
which  name  they  had  organized  themselves.  Since  they 
have  been   mustered  into   service   they  have    shown   the 


302  APPENDIX. 

utmost  patience  of  discipline;  and  whether  at  1 1 1 « *  drill,  or 
in  the  trenches,  they  have  come  fully  ap  to  every  require- 
ment of  a  citizen-soldier  of  South  Carolina.  These  com- 
panies, drawn  suddenly  from  the  interior  of  the  State,  are 
composed  of  the  best  material  in  their  respective  districts; 
and  I  venture  the  assertion,  that  a  more  efficient  or  supe- 
rior regiment  has  seldom  heen  assembled  under  one  stand- 
ard. 

Of  the  militia  of  the  City  of  Charleston,  and  of  the 
Company  of  Artillery  from  Columbia,  T  cannot  speak  too 
highly.  It  is  a  constant  source  of  pride  and  pleasure  to 
witness  their  prompt  obedience  to  every  command,  their 
willing  performance  of  every  duty,  however  unsuited  to 
their  previous  modes  of  life,  and  the  ready  sacrifice  of  their 
private  interests  to  the  higher  call  of  duty  to  their  State; 
and  it  would  appear  that  there  was  a  generous  emulation 
amongst  them  who  could  endure  such  sacrifices  and  priva- 
tions the  longest  without  a  murmur.. 

The  same  patriotic  feeling  of  self-abnegation  has  been 
exhibited  by  the  citizens  of  Charleston  not  on  duty,  many 
of  whom,  engaged  in  business  involving  large  risks,  have 
endured  for  months  the  loss  of  service  of  their  employees, 
whose  wages  they  have  continued,  hut  who  cheerfully 
acquiesce  in  the  sacrifice  of  their  means,  with  the  reflection 
that  their  first  duty  is  to  the  country.  I  have  had  many 
opportunities  of  being  assured,  during  my  present  situa- 
tion, that  the  same  feeling  of  disinterested  patriotism  is 
not  confined  to  this  city,  hut  extends  equally  to  cxwy  por- 
tion of  the  State 

I  am,  sir,  with  great  respect, 

Your  obedient  servant, 

I).  F.  JAMISON. 


REPORT  OF  THE  SECRETARY  OF  THE 
TREASURY. 

Executive  Office,  Department  of  the  Treasury! 
ChariesUm,  March  25th,  1861. 
To  his  Excellency  F.  W.  Pickens; 

Dear  Sir:  In  compliance  with  your  direction,  that  a 
brief  summary  of  the  transactions  of  this  Department 
should  be  furnished  for  the  information  of  the  Convention, 
I  beg  leave  to  submit  the  following  statement: 

Immediately  after  the  Act  of  Secession,  the  Legislature 
provided  for  the  exigencies  of  the  State  by  authorizing  a 
loan  of  $400,000,  hearing-  an  interest  of  six  per  cent.  Of 
this  sum,  $150,000  was  appropriated  to  the  Ordnance  Bu- 
reau, and  $250,000  to  the  military  defence  of  the  State. 

The  banks  of  the  State  promptly  took  up  this  loan  at 
par,  and  thus  afforded  an  immediate  supply  to  the  Treas- 
ury. The  patriotic  disinterestedness  which  prompted  the 
action  of  those  institutions  is  greatly  enhanced  by  the  cir- 
cumstances under  which  they  took  up  the  loan.  At  that 
time,  South  Carolina  alone  had  seceded  from  the  Govern- 
ment of  the  United  States,  and  anxiety  prevailed  as  to  the 
future.  Universal  panic  had  prostrated  all  public  and  pri- 
vate securities  throughout  the  United  States.  Proposals 
for  a  six  per  cent,  loan  by  the  Government  of  the  United 
States  were  met  by  otters,  ranging  from  ten  to  thirty-five 
per  cent,  discount,  and  the  urgent  demands  of  their  Treas- 
ury could  be  supplied  only  by  Treasury  notes,  at  twelve  per 
cent,  interest.  All  stocks  and  public  securities  had  reached 
a  point  of  almost  unsaleable  depression.  It  was  during 
this  prevailing  despondency  that  the  banks  of  the  State, 
unmindful  of  interest,  and  regardless  of  discouragement, 
made  the  patriotic  contribution  for  the  safety  and  honor  of 
tic  State. 


S  I  1  APPENDIX. 

Under  llie  A<-t  to  establish  a  Coast  Police  for  South 
Carolina,  the  Legislature  authorized  an  additional  six  per 
cent,  loan  for  $150,000.  Xo  part  of  this  loan  has  been 
offered  for  sale. 

By  another  Act,  the  Legislature  directed  the  issue  of 
certificates  and  bonds  to  the  amount  of  $675,000,  at  seven 
per  cent,  interest,  for  the  "Military  defence  of  the  State." 
The  current  disbursements  ^i'  this  Department  have  been 
anticipated  by  sales  on  account  of  this  loan  to  the  amount 
of  $187,000,  at  par. 

The  sale  of  these  bonds  has  been  impeded  by  the  low- 
rate  at  which  hank  and  railroad  stocks  and  railroad  bonds, 
and  by  the  discount  at  which  even  the  six  per  cent,  stocks 
of  the  State  can  he  purchased.  That  the  loan  is  ottered  in 
the  form  of  coupon  bonds  is  an  objectionable  circumstance. 
But  this  is  obviated  by  the  confident  expectation  that  when 
the  temporary  purpose  of  that  form  of  security  shall  be 
fulfilled  by  the  taking  up  of  the  loan,  the  Legislature,  at 
its  next  session,  will  convert  the  bonds  into  stock;  and 
with  very  many  the  loan  for  the  "Military  defence  of  the 
State"   is   preferred,  from   that   consideration,   to   the    petty 

advantage  of  interest   which  other  investments  may  hold 
out. 
The  offer  of  the  Confederate  loan  presents  tin'  chief  im* 

pediment  to  the  sale  of  tin'  loan  for  the  Military  defence  of 
the  State.  The  ?ery  Large  interest  of  the  Confederate  loan, 
its  ample  security,  and  above  all,  that  it  is  designed  for  the 
common  defence,  combine  inducements  of  interest,  with 
motives  of  patriotism  for  its  preference.  Since  the  Provis- 
ional Government  has  taken  jurisdiction  of  all  questions 
between  the  several  Stales  and  the  Government  of  the 
United  States,  and  assumed  the  charges  of  the  defence  ot 
the  Confederate  territory,  and  lias  offered  to  take  from  the 
Slate  of  South  Carolina  all  the  ordnance,  arms  and  muni- 
tions of  war  which  it  may  see  fit  to  transfer  to  that  Governr 
incut,  the  necessity  for  the  sale  of  the  bonds  of  this  State  is 
less  urgent,  and  they  have  not  been  pressed  upon  the 
market.     Besides,  the  Bank  of  the  State,  with  its  wonted 


APPENDIX.  395 

readiness  to  assist  the  finances  of  the  State,  has  given  the 
assurance  that  it  will,  by  advances,  prevent  any  temporary 
embarrassment  of  the  Treasury. 

With  this  assurance,  and  the  certain  prospect  that  the 
Confederate  loan  will  he  taken  up  as  soon  as  the  hooks  are 
opened  for  that  purpose,  and  that,  then,  this  State  will  he 
discharged  of  the  expenses  for  its  military  defence,  this 
department  has  been  relieved  from  apprehension  of  any 
future  financial  difficulties.  Soon  the  expenses  which  have 
been  incurred  for  the  military  defence  Of  the  State,  will  he 
refunded  by  the  Confederate  Government,  and  the  people 
relieved  from  the  pressure  of  them.  And  then,  when  the 
Confederate  ( rovemment  shall  be  firmly  ordered  and  settled, 
and  harmony  and  peace  prevail,  instead  (A'  intestine  strife 
and  dissension,  ami  when  the  people  oi'  the  slaveholding 
States,  vindicating  their  social  and  national  character 
against  the  persistent  and  malicious  libels  of  their  former 
confederates,  shall  he  restored  to  their  own  self-respect,  and 
by  the  exhibition  of  moderation,  wisdom  and  valor,  shall 
command  the  respect  o\'  the  nations  of  the  earth,  it  will  he 
a  satisfaction  to  remember  the  perils  and  sacrifices  by 
which  their  sovereignty  and  independence  have  been,  a 
second  time,  asserted  and  maintained. 

Donations  have  been  received  to  the  amount  of  $22,275. 
It  would  be  ungracious  to  notice  these  generous  gifts,  only 
as  an  item  in  our  account.  They  are  free-will  offerings  to 
liberty,  from  hearts  that  heave  with  patriotic  emotion.  No 
taint  of  vanity  or  selfishness  infects  them.  The  public 
acknowledgment  which  was  made  of  the  first  donations, 
caused  future  donations  to  be  made  with  the  injunction  that 
the  names  of  the  donors  should  not  be  published.  Though 
it  may  not  he  in  accordance  with  the  generous  impulse 
which  prompted  the  first  donation  of  ten  thousand  dollars, 
by  Mr.  Benjamin  Mordecai,  of  this  city,  it  is  proper,  for 
the  moral  influence  of  the  example,  that  an  act  of  so  great 
^munificence  should, 'on  every  fit  occasion,  receive  its  meed 
of  public  gratitude  and  honor. 

The  contributions  of  labor  by  the  planters  and  their  per- 
sonal superintendence  of  their  slaves,  are  also  the  subject  of 


8  "'>  APPENDIX. 

gratefhl  acknowledgment,  and  should  not  be  omitted  in 
this  statement  of  the  resources  of  the  State  for  its  defence. 
The  most  liberal  offers  were  received,  and  a  number  of 
laborers,  greatly  exceeding  the  want  for  them,  was  always 
made  al  the  call  of  the  State  As  many  as  could  beadvau- 
tageously  employed  were  constantly  in  the  Bervice  of  the 
.  in  the  construction  of  the  defences  of  the  harbor, 
until  the  recenl  advance  of  the  Bpring  has  suspended  tho 
call. 

SUMMARY    OF   RECEIPTS    AND    DISBURSEMENTS. 

Received  from  the  first  loan $250,000  00 

"     the  loan  for  the  "Military  de- 
fence Of  the  State" InT. (KM)   00 

/,',<•,  ived  from  donations  22,275  00 

$159,275  00 

Expt  mini — Miscellaneous    charges,   includ- 
ing pay  of  the  troops,  &c,  &c. .$101,606  00 

Quarter-master's  department. . . .   '201,472  00 

Commissary's  Department 76,520  00 

Contingent  expenses   and   un- 
classified charges 6,431  00 

For  Coast  Police  and  Naval  Ser- 
vice       44,853  00 

Recruiting  Service  13,935  00— $444,817  00 

By  a  communication  from  the  Board  of  Ordnance  to 
His  Excellency  the  Governor,  it  appears  that  that  BoarcJ 
has  expended  $195,500  in  the  purchase  of  ordnance,  arms, 
equipments  and  munitions  of  war.  This  exceeds  the  sum 
Of  $150,000,  which  was  appropriated  by  the  legislature  to 
the  Ordnance  Bureau;  Imt  the  expenditures  being  neces- 
sary for  the  "Military  defence  of  the  State,"  will  constitute 
a  charge  on  the  appropriation  for  that  purpose,  which  this 
department  must  defray. 

1  am  with  great  respect, 

Your  obedient  servant, 

EDWARD  FROST, 

Secretary  of  the  Treasury. 


REPORT  OF  THE  SECRETARY  OF  THE  INTERIOR. 

State  of  South  Carolina, 
Executive  Department,  Office  of  the  Interior, 
Charleston,  Morel,  2Qth,  1861. 
To  his  Excellency  Governor  Pickens  : 

Sir  : — In  obedience  to  a  resolution  of  the  Council,  I 
submit  the  following'  Report  from  the  Department,  which 
was  assigned  to  me  in  the  distribution  of  the  Executive 
labors. 

As  to  matters  falling  within  the  Department  of  the  Inte- 
rior proper,  it  is  hardly  necessary  for  me  to  say  anything, 
nothing  having  occurred  in  relation  thereto  which  deserves 
special  notice. 

The  most  important  matters  connected  with  this  Depart- 
ment, and  to  which  its  chief  attention  has  been  directed, 
have  been  the  Sea  Coast  Police,  and  the  Sea  ('oast  De- 
fences of  the  Slate.  At  an  early  day  after  your  Excellency 
assumed  the  duties  of  the  Executive.  Col.  G-wynn  was  or- 
dered by  your  Excellency  to  make  a  reconnoissance  of  the 
sea  coast  of  South  Carolina,  and  select  such  points  as,  in 
his  judgment,  should  be  fortified  for  the  purpose  of  de- 
fending our  territory  against  marauding  parties,  who  might 
come  into  our  waters  in  small  craft,  to  commit  depreda- 
tions upon  the  property  of  our  citizens.  The  defence  of 
our  long  line  of  sea  coast  against  an  enemy  en  force  was 
not  contemplated.  To  render  such  defences  effectual, 
would  require  means  beyond  the  resources  of  the  State. 
The  general  character  of  our  sea  coast  is  such,  that  it  pre- 
sents few  obstacles  to  the  landing  of  troops,  at  almost  any 
point,  in  small  boats.  Its  whole  line  is  interseeted  by 
numerous  inlets  and  creeks,  of  easy  access  to  small  craft. 
Besides,  there  are  many  deep  and  bold  rivers  into  which 


AlM'KNhlX. 

vessels  of  large  drafl  may  safely  enter.  While,  therefore, 
our  sea  coast  would  lie-  much  exposed  to  the  ravages  of  an 
enemy,  tin-  difficulty  of  guarding  effectually  its  whole  line 
with  fortifications  is  insurmountable.  The  objeel  had  in 
vie?)  was  to  erect  works,  principally  of  earth,  to  guard 
those  entrances  which  were  most  accessible,  and  which 
could  be  most  easily  defended,  not  against  an  enemy  en 
force,  but  against  marauding  parties,  who  it  was  supposed 
might,  in  the  event  of  hostilities  between  the  two  sections, 
descend  upon  our  coast  in  vessels  of  light  draft  to  commit 
acts  of  depredation  and  violence. 

A  reconnoissance  of  the  coast,  from  the  mouth  of  Little 
river,  near  the  North  Carolina,  to  Callibogue  Sound,  near 
the  mouth  of  the  Savannah  river,  has  been  made  by 
the  engineers  in  charge;  and  at  many  of  the  points  indi- 
cated, redoubts  and  other  works  have  been  erected.  Many 
of  these  works  have  been  completed,  and  others  were  in 
progress,  when  the  Government  at  Montgomery  assumed 
the  charge  of  our  military  operations  and  defences.  With 
the  exception  of  the  fortifications  commanding  the  en- 
trance into  Winyaw  Bay,  none  ot  them  have  been  garri- 
soned.  These  works  were  the  first  that  were  completed, 
and,  under  the  energetic  supervision  of  Col.  Alston,  were 
provided  at  an  early  day  with  ordnance  and  ordnance 
stores,  and  also  garrisoned  by  a  sufficient  number  of  troops 
to  man  the  guns.  Since  the  action  of  the  Congress  at 
Montgomery,  which  put  our  operations  under  the  charge 
of  the  Provisional.  Government,  little  lias  been  done  to- 
wards the  completion  of  the  works,  which  were  at   that 

time  unfinished.  These  defences  of  the  coast  have,  heen 
erected  at  comparatively  little  cost  to  the  State.  The 
planters  in  their  vicinity  have,  with  commendable  liberality, 
in  the  majority  of  cases,  gratuitously  furnished  the  labor 
required  to  erect  them. 

For  a  more  particular  description  of  these  various  works, 
I  refer  to  the  reports  of  the  Engineers  in  charge,  and  espe- 
cially to  the  reports  of  Col.  Charles  Alston,  Jr.,  and  Col. 
Elliot,  wdio  had  the  general  direction  of  them,  under  orders 


APPENDIX.  399 

from  your  Excellency.  At  the  request  of  your  Excellency, 
and  in  company  with  Capt  llartstene,  who  was  ordered  to 
make  a  report  on  this  subject,  I  made,  in  the  month  of 
February  last,  an  inspection  of  these  works,  from  George- 
town to  the  mouth  of  the  Savannah  river.  I  refer  to  his 
report  as  containing  a  more  particular  statement  of  the 
progress  which  had  been  made  towards  their  completion) 
and  also  of  what  was  further  required  to  render  them  as 
efficient  as  the  circumstances  -would  admit  of. 

At  the  time  when  1  assumed  the  duties  of  this  Depart- 
ment, your  Excellency  had  already  established  a  Police  for 
Charleston  Harbor — first,  to  prevent  a  change  in  the  status 
of  the  forts;  and.  secondly,  to  prevent  reinforcements  being 
introduced  into  Fort  Sumter.  After  the  occupation  of  Fort 
Sumter  by  Major  Anderson,  and  before  the  erection  of  bat- 
teries on  Morris'  island,  this  Police  was  chiefly  relied  on  to 
prevent  that  fortress  being  reinforced.  Tt  was,  therefore, 
thoroughly  organized,  and  rendered  as  efficient  as  possible 
with  the  means  at  our  command.  Small  boats  were  sta- 
tioned by  day  near  the  Bar,  for  the  purpose  of  keeping 
watch  upon  vessels  approaching  our  harbor,  and  if  at  all 
suspicious,  to  examine  them,  and  by  means  of  signal-  ar- 
ranged for  the  purpose,  to  notify  the  different  posts  in  the 
harbor  of  their  real  character. 

A  night  Police  was  also  established,  consisting  of  the 
most  suitable  vessels  that  could  be  procured,  having  on 
board  detachments  of  armed  men,  with  orders  to  cru 
during  the  night  time  near  the  Bar,  and  keep  a  vigilant 
look  out  for  the  enemy,  and  repel  any  attempt  to  reinforce 
Fort  Sumter  with  all  the  means  in  their  power.  To  their 
vigilance  may  be  justly  accorded  a  share  of  the  honor  of 
the  successful  repulsion  from  our  waters  of  the  "  Star  of 
the  West"  by  the  battery  on  Morris'  island.  Her  approach 
was  observed  and  signalled  to  that  post. 

This   Police  was  committed  principally  to  the  charge  of 
the  officers  of  the  United  States  Navy,  who  had  resigned 

and  tendered    their  services  to  the  State.     And   it   is  due  to 
these  gallant  officers  that  I  should  say,  that  in  this  capacity, 


400  APPENDIX. 

humble,  though  it  be,  compared  with  the  stations  which 
they  had  before  filled  in  their  country's  service,  they  have, 

in  <\vrv  instance,  entered  upon  the  discharge  of  their  duties 
with  alacrity  and  spirit,  and  rendered  most  important  >>r- 
vicc  to  tic  State. 

It  is  also  proper  that  I  should  make  favorable  mention 
of  the  services  which  have  been  rendered  in  this  Depart- 
ment by  the  young  men  who  abandoned  the  Naval  School 
of  the  Cnited  States,  and  tendered  themselves  to  the  State. 
They  were  assigned  to  this  Police,  and  have  bees  constantly 
employed  in  its  service.  During  the  greater  part  of  the 
time,  -James  II.  North,  late  Lieutenant  in  the  United  States 
Navy,  has  had  the  command  of  this  force.  Immediately  on 
his  arrival  here,  he  was  appointed  to  this  service  with  the 
rank  of  Captain  in  the  South  Carolina  Navy,  and  has  per- 
formed his  duty  with  promptness  and  ability. 

The  Legislature,  at  its  last  session,  passed  "An  Act  for 
the  establishment  of  a  Coast  Police  for  the  State  of  South 
Carolina,"  which  enacted  that  the  Governor  should  pur- 
chase or  procure  three  vessels  of  light  draught,  to  be  pro- 
pelled by  steam  and  canvas,  and  to  be  armed  with  one  or 
more  guns,  and  otherwise  equipped,  so  as  to  be  made  an 
efficient  police  for  the  coast  and  inlets  of  the  State.  To 
carry  ou1  the  provisions  of  this  Act,  the  sum  of  $150,000 
was  appropriated.  In  order  to  remove  the  embarrassments 
which  it  was  supposed  might  arise  in  restricting  the  Gov- 
ernor to  the  purchase  of  vessels  of  a  particular  description^ 
a  resolution  was  also  passed  by  the  Legislature,  authorizing 
him,  in  effect,  to  procure  such  Vessels  as  he  might  deem  lit 
for  the  service  proposed,  provided  no  larger  sum  than  the 
$150,000,  appropriated  by  the  Act  referred  to,  should  be 
used'for  the  purpose. 

In  order  to  carry  out  the  object  of  this  Act  and  Resolu- 
tion, I  appointed  a  commission,  composed  of  scientific  and 
practical  men  in  the  City  of  Charleston,  to  examine  all  the 
vessels  in  Charleston  harbor,  and  also  to  make  inquiry 
elsewhere,  and  report  whether  any  could  be  procured  which 
wcic  adapted  to  the  service  intended.     Their  report  satis- 


APPENDIX.  401 

fied  me  that  there  were  no  vessels  in  our  waters  which 
were  suitable  in  every  respect,  and  which  could  be  bought 
on  reasonable  terms.  It  was  believed  that  they  might  be 
purchased  at  the  North,  but,  after  diligent  inquiry,  only 
one  could  be  found  that  it  was  thought  expedient  to  pur- 
chase: the  "James  Gray,"  an  iron  propeller,  built  for  the 
navigation  of  James  river.  Lieut.  Dozier  was  despatched 
to  Kichmond,  and  negotiated  the  purchase  of  this  steamer 
at  the  price  of  $30,00().  to  be  delivered  at  Charleston.  She 
has  since  been  titled  out  under  the  name  of  the  "  Lady 
Davis,"  and  carries  two  twenty-fonr  pounder  howitzers  on 
her  decks.  Under  the  Act  referred  to.  enlistments  of  sea- 
men were  begun,  and  had  reached  the  number  of  thirty, 
when  it  was  thought  best  to  suspend  any  further  effort  to 
complete  this  organization,  on  account  of  the  action  of  the 
Provisional  Congress  looking  to  the  establishment  of  a 
Xavy  for  the  common  (Government.  These  enlisted  sea- 
men have  served  to  relieve  the  detachments  of  volunteers 
which  have  been  detailed  for  duty  as  a  night  guard  in  the 
harbor,  and  are  now  employed  in  that  service.  For  a  state- 
ment, in  detail,  of  the  vessels  employed  in  the  ('oast  Police, 
the  officers  and  crews  of  each,  and  of  the  officers  of  the 
United  States  Xavy  who  have  resigned  and  entered  the 
service  of  the  State,  and  also  their  rank,  I  refer  to  the 
report  of  Captain  dames  II.  North,  dated  the  4th  .March, 
and  on  file  in  the  Executive  office.  It  is  believed  that  two 
additional  steamers  of  lighter  draught  than  the  "Lady 
Davie,"  and  having  proper  armaments,  would  be  sufficient 
for  the  ('oast  Police  of  this  State1 — that  is,  to  cruise  along 
our  coast  and  into  our  inlets,  with  the  view  to  intercept 
lawless  incursions  into  our  territory.  Without  such  ves- 
sels, some  of  the  entrances  along  our  coast  will  be  entirely 
unguarded.  This  is  especially  true  of  Port  Royal  entrance 
and  St.  Helena  Sound.  These  cannot  be  defended  by 
means  of  batteries  on  land;  and  unless  armed  vessels  are 
provided  for  these  waters  the  adjacent  country  will  be  left 
entirely  exposed.  This  matter,  it  is  understood,  has  alread}'' 
been  considered  by  the  Secretary  of  Xavy  at  Montgomery, 
26 


102  APPENDIX. 

ami  Baitable  vessels,  it  is  believed,  will  Boon  be  procured 
for  the  Bervice  Indicated;  Tn  conclusion.  I  have  the  pleas- 
ure to  state  that,  in  my  judgment,  with  the  small  means  at 
their  disposal,  and  under  the  pressing  necessity  <>f  concen- 
trating the  resources  of  the  State  for  the  defence  of  <  !harles» 
ton  harbor,  which  thus  far  has  been  the  theatre  of  OUU 
larger  military  preparations,  everything  has  been  done 
which  was  practicable,  by  the  State  authorities,  for  the 
defence  of  the  sea-coasl  of  the  State. 
Respectfully  submitted. 

A.  G.  GARLINGTO^, 
Secretary  of  the  Interior,  including  Sea-coast  Dt  fences* 


REPORT    OF   THE   POST-OFFICE    DEPARTMENT. 

Si  ate  of  South  Carolina. 
Post-office  and  Customs  Bureau. 
Charleston,  March  260^  1861. 

Sir  :  I  beg  leave  to  say,  that  in  the  department  to  which 
T  was  assigned  by  your  Excellency,  as  one  of  the  Executive 
Council,  I  have  very  little  to  communicate  that  will  be 
necessary  for  you  to  communicate  to  the  Convention  of 
the  people  of  tins  State. 

The  Postal  arrangements  have  been  continued  as  they 
existed  at  the  time  of  the  secession  of  the  State  from  the 
late  Union. 

Aiter  the  Ordinance  of  the  Convention  continuing  the 
officers  of  the  Post-office  department  as  before,  upon  the 
application  of  several  Post-masters  for  instructions.  I  issued 
a  circular  instructing  them  to  make  their  returns  and  ac- 
counts to  the  Department  at  Washington  as  previously.  »<> 
long  as  the  mails  were  transported  under  their  contracts 
and  authority.  This  course  has  been  pursued  so  far  as  I 
know,  and  as  yet  I  have  been  aware  of  no  interruption  of 
mail  facilities  in  ihe  State. 

In  relation  to  the  delivery  and  receipt  of  the  mails  to 
and  from  Fort  Sumter,  under  your  direction,  I  proposed  to 
Major  Anderson  to  have  them  delivered  to,  and  by  his 
boats,  at  Fort  Johnson,  to  which  he  assented;  the  neces- 
sary orders  were  issued  for  this  purpose,  and  in  this  way 
mail  communication  has  been  kept  up,  without  complaint, 
so  far  as  I  am  aware,  with  that  post. 

The  papers  and  correspondence  on  this  subject  will  be 
found  embraced  in  the  correspondence  between  Hon.  A. 
Q-.  Magrath,  of  the  State  Department,  and  Hon.  J.  Holt, 
Post-master-Oeneral  at  Washington,  and  have  alreadv  been 


■104  APPENDIX. 

made  public.  That  portion  of  Customs  with  wliii.li  my  de- 
partment was  connected,  was  in  reference  to  Light  Souses 
and  Buoys  in  the  harbor  and  coast,  and  with  the  Vessels 
connected  with  that  service. 

CFnder  your  direction,  soon  after  the  evacuation  of  Fort 
Moultrie  by  the  garrison  of  the  United  States  and  their 
possession  of  Fort  Sumter,  I  directed  the  lights  in  the  liar- 
bors  of  Charleston,  Beaufort  and  Georgetown  to  be  extin- 
guished, and  the  buoys  in  these  harbors  respectively  to  be 
removed,  in  order  to  prevent  by  these  means,  as  far  as 
practicable,  the  supplies  of  provisions,  men.  ..v.e..  to  Fort 
Sumter,  as  well  as  to  prevent  hostile  ships  from  coming 
into  our  waters.  This  course  is  still  pursued,  as  I  learn 
from  those  now  in  authority.  Upon  the  organization  of 
the  Provisional  Government  of  the  Confederate  Stales,  and 
the  Treasury  and  Post-office  departments  thereof,  I  felt 
that  my  duties  in  the  department  to  which  I  had  been 
assigned  by  your  Excellency  had  determined,  and  I  conse- 
quently requested  the  officers  both  of  the  Customs  ami 
Post-office,  with  -whom  I  had  been  connected,  to  report  and 
advise  with  the  respective  heads  of  departments  ^>['  the 
Confederate  states,  which  has  been  done. 

It  gives  me  great  pleasure,  in  closing  this  report,  to  bear 
my  cheerful  testimony  to  the  efficiency,  discretion  and 
promptness  of  the  gentlemen  at  the  head  of  the  I'ost-otlice 
and  Customs,  respectively,  in  the  Citj  of  Charleston,  and 
thus  publicly  tender  them  my  thanks  (which  I  have  done 
privately)  for  the  cheerful  assistance  and  suggestions  which 
I  have  at  all  times  received  from  them,  in  the  discharge  of 
the  duties  of  the  position  assigned  me. 
I  have  the  honor  to  be, 
W'l-y  respectfully, 

Your  obedient  servant, 

W.  W.  HARLLEE. 

To  his  Excellency  F.  W.  PlOKEffS. 


REPORT  OF    ENGROSSING   COMMITTEE,    AS    TO 
PUBLICATION   OF   SECRET  JOURNAL. 


The  Committee  on  Engrossed  Ordinances,  to  whom  it 
was  referred : 

Firzl.  To  inquire  and  report  "what  resolutions  and  orders 
of  the  Convention,  passed  in  secrel  session,  and  how  much 
and  what  portion  of  the  secret  journal  may  now  he  made 
public  without  impropriety;"  and 

Secondly,  To  consider  and  report  upon  the  following  res- 
olution, to  wit:  "Resolved,  That  the  injunction  of  secrecy 
be  removed  from  the  proceedings  and  debates  of  this  Con- 
vention on  the  Constitution  of  the  Confederate  States  of 
America:  and  that  the  journals  of  this  Convention  and  of 
its  proceedings  thereon,  shall  lie  published  under  the  super- 
vision of  the  President  of  this  Convention,  so  soon  as  the 
injunction  of  secrecy  shall  he  removed  from  the  proceed- 
ings and  debates  of  the  Convention  of  the  Congress  assem- 
bled at  Montgomery,  which  formed  said  Constitution," 
having  considered  these  matters,  beg  leave  to 

Report: 

That  they  were  attended  by  the  Clerk  of  the  Convention, 
and  with  him  carefully  and  minutely  perused  the  journals 
of  the  secret  sessions  of  this  body,  from  the  22d  day  of 
December,  A.  D.  1860,  when  the  Convention  first  sat  with 
closed  doors,  until  the  present  time.  They  find  that  the 
injunction  of  secrecy  has  already  been  removed  from  the 
Ordinances  and  the  more  important  Resolutions  which  have 
been  adopted.  Your  Committee  cannot  say  that  the  re- 
moval of  the  injunction  of  secrecy  from  tlie  remainder  of 
the  transactions  of  the  Convention,  and  their  consequent 


406  APPENDIX. 

publication  is  either  improper  or  incompatible  with  the 
public  interests. 

There  are  a  class  of  resolutions,  the  publication  of  which, 
it  was  objected  in  the  Committee,  might  give  rise  to  a  mis* 
conception  of  the  real  views,  and  a  misconstruction  o\'  the 
true  action  of  this  body.  To  these  the  attention  of  the 
( lonvention  is  invited. 

On  the  27th  day  of  December  of  the  last  year,  the  morn- 
ing after  Major  Anderson  had,  under  cover  of  the  night; 
dismantled  and  abandoned  Fort  Moultrie,  and  taken  mili- 
tary and  hostile  occupation  of  Fort  Sumter,  a  Delegate 
offered  the  following  resolution: 

"Resolved,  That  it  is  the' sense  of  this  Convention,  that 
the  occupation  of  Fort  Sumter  ought  at  once  to  be  regarded 
as  an  authorized  occupation,  and  vigorous  military  defences 
provided  immediately;"  which  was  ordered  to  lie  on  the 
table.  Many  other  resolutions  to  the  same  effect  were, 
from  time  to  time,  presented,  and  were  also  either  ordered 
to  lie  on  the  table  or  rejected.  To  remove  the  injunction 
of  secrecy,  and  publish  to  the  world  these  and  kindred  res- 
olutions, it  was  suggested  might  lead  to  the  idea  that  the 
Convention  had,  by  their  action  on  them,  declined  to  enter- 
tain, or  assert,  and  perhaps  had  denied,  the  principles  therein 
declared,  and  had  thus  placed  themselves  somewhat  in  op- 
position to  the  views  expressed  in  their  behalf  by  our  Com- 
missioners to  the  Government  at  Washington. 

In  this  view  your  Committee  do  not  concur.  It  is  well 
known  to  the  members  of  this  body,  that  in  truth  and  in 
fact,  the  Convention  intended  thereby  to  express  no  opinion 
as  to  the  authority  and  character  of  Major  Anderson's  occu- 
pation, the  same  not  having  been  then,  as  yet,  affirmed, 
denied  or  adopted  by  the  then  Administration,  and  our 
Commissioners  having,  at  that  time,  this,  with  other  com- 
plicated and  delicate  questions,  for  explanation  and,  if  pos- 
sible, for  adjustment.  The  reasons  thus  indicated,  which 
induced  the  action  of  the  Convention,  do  not,  it  is  true, 
appear  on  the  face  of  the  journal  or  accompany  the  record; 
but  this  may  be  said  of  the  proceedings  in  all  legislative 


APPENDIX.  407 

bodies,  and  which,  therefore,  at  last,  must,  in  a  great  meas- 
ure, depend  upon  contemporaneous  history  for  their  expla- 
nation and  vindication. 

In  reference  to  the  publication  of  the  debates  on  the  sub- 
ject of  the  adoption  of  the  Constitution  of  the  Confederate 
States  of  America,  your  Committee  do  not  perceive  how 
the  same  could  be  done  under  the  authority  of  this  body, 
as  no  official  record  of  them  was  kept  under  its  directions. 
They  would,  therefore,  recommend  the  adoption  of  the  fol- 
lowing resolutions: 

1.  Resolved,  That  the  injunction  of  secrecy  be  removed 
from  all  the  transactions  of  this  Convention  in  secret  ses- 
sion, except  in  relation  to  tlie  debates  on  the  Constitution 
of  the  Confederate  States  of  America,  and  the  matter  this 
day  directed  by  the  Convention  to  be  kept  secret. 

2.  Resolved,  That  as  soon  as  the  injunction  of  secrecy 
shall  be  removed  from  the  proceedings  and  debates  of  the 
Convention  of  Delegates,  lately  assembled  at  Montgomery, 
the  injunction  of  secrecy  shall  likewise  be  removed  from 
the  debates  of  this  Convention  on  the  Constitution  sub- 
mitted foi  the  Confederate  States  of  America. 

3.  Resolved,  That  live  hundred  copies  of  the  journal, 
public  and  secret,  and  of  the  reports,  resolutions  and  trans- 
actions of  this  Convention  be  printed,  and  separately  five 
hundred  copies  in  the  following  order:  of 

1.  All  the  Ordinances  passed  by  the  Convention,  in  the 
order  of  time,  (except  the  Ordinances  of  Ratification ;)  to- 
gether with 

2.  The  Bills  to  amend  the  Constitution  of  this  State,  rati- 
fied during  the  late  session  of  the  General  Assembly. 

3.  The  Resolutions  for  engrossing  the  Constitution. 

4.  The  Constitution  of  the  State  as  engrossed. 

5.  The  Constitution  of  the  Provisional  Government  of 
the  Confederate  States  of  America. 

ti.  Tin1  Constitution  of  the  Confederate  States  of  America. 

7.  The  Ordinance  oi'  Ratification. 

8.  The  Resolutions  suggesting  amendments. 


1<IS  LPPBNDIX. 

Ami  that  the  same  be  distributed  as  follows: 
For  the  Executive,  10 copies;  for  the  Legislative  Library 
of  the  Congress  at  Montgomery,  5  copies;  for  the  Legisla- 
tive Library  at  Columbia,  5  copies;  for  the  Libraries  of  the 

Court  of  Appeals  at  Columbia  and  Charleston,  each  5 
copies;  for  the  Members  of  the  Convention,  and  Members 
of  the  General  Assembly  of  the  State,  cadi  1  copy;  for  the 
Governors  of  the  several  Confederate  States,  each  1  copy; 
for  the  Chief  Justice  and  Associate  Justices  of  the  Court 
of  Appeals,  and  for  the  Chancellors  and  Judges  of  the 
State,  each  1  copy;  for  the  College  and  various  public  Li- 
braries  in  the  State,  each  1  copy;  for  the  Attorney-General, 
Solicitors.  [Secretary  of  State,  Surveyor-General  and  Treas- 
urers of  the  Upper  and  Lower  Division,  each  1  copy  for 
the  use  of  their  respective  offices;  and  that  the  residue  be 
distributed  under  the  direction  of  the  President  of  this 
Convention. 

All  of  which  is  respectfully  submitted. 

THOMAS  Y.  SLMOXS,  Chairman, 


REPORT  OF  THE  COMMITTEE  ON  PRINTING,  AS 
TO  LITHOGRAPHING  ORDINANCE  OF  SECES- 
SION. 

The  Committee  on  Printing  beg  leave  to 

Report : 

That,  at  the  recent  session  of  the  Convention,  having 
had  referred  to  them  a  resolution  contemplating  the  litho- 
graphing of  the  Ordinance  of  Secession,  they  made  a  re- 
port indicating  the  terms  upon  which  the  work  could  be 
done,  but  which  report  was  not  reached  in  the  order  of 
business  before  the  adjournment  of  the  Convention.  Since 
then,  Messrs.  Evans  &  Cogswell,  Printers  to  the  Conven- 
tion, acting  upon  the  indications,  as  manifested  by  the 
report,  to  have  the  Ordinance  lithographed,  have  had  the 
work  done  in  a  style  creditable  to  the  art;  and  by  a  careful 
comparison  with  the  original,  the  Committee  find  it  to  bear 
a  very  notable  similarity  to  it. 

These  gentlemen  having  had  the  work  done  in  such  a 
faithful  and  creditable  manner,  and  as  they  supposed  in 
accordance  with  the  wish  of  Delegates  composing  the  Con- 
vention, the  Committee  deem  it  due  to  them  to  recommend 
the  adoption  of  the  following  resolution: 

Resolved,  That  two  hundred  lithographic  copies  of  the 
Ordinance  of  Secession  be  furnished  by  Messrs.  Evans  & 
Cogswell,  for  the  use  of  the  Convention,  to  he  disposed  of 
under  the  direction  of  its  President;  and  that  two  hundred 
dollars  he  allowed  and  paid  them,  by  the  Treasurer  of  the 
Lower  Division,  as  compensation  therefor. 

All  of  which  is  respectfully  submitted  by  the  Committee. 

PAUL  QUATTLEBAUM,  Chairman. 


REPORTS    OE   COMMITTEE   As   TO   DOCUMENTS 
DIRECTED  TO   BE  ENGROSSED. 

The  Committee  on  Engrossed  Ordinances  respectfully 
report,  that  the  following  Ordinances  have  been  engrossed 
and  enrolled,  to  wit: 

1.  An  Ordinance  to  alter  the  Constitution  of  the  State  of 
South  Carolina  in  respecl  to  the  oath  of  office. 

2.  An  Ordinance  to  make  provisional  postal  arrange- 
ments in  South  Carolina. 

3.  An  Ordinance  to  make  provisional  arrangements  for 
the  continuance  of  commercial  facilities  in  South  Carolina. 

4.  An  Ordinance  to  amend  the  Constitution  of  the  State 
ol  South  Carolina  in  respecl  to  the  Executive  Department. 

5.  A.n  Ordinance  to  alter  the  Constitution  of  the  State 
of  South  Carolina  by  striking  out  certain  words  in  sundry 
places. 

5Tour  Committee  would  further  report  that  these  Ordi- 
nances, having  been  duly  signed  by  the  President  and 
attested  by  the  Clerk  of  the  Convention,  and  the  seal  oi  the 
State  attached  thereto,  have  been  deposited  in  the  Secretary 

Of  State's  office. 

THOMAS  V.  SIMONS,   Chairman. 


The  Committee  on  Engrossed  Ordinances  respectfully 
report,  that  they  have  duly  engrossed  and  enrolled: 

•'The  Report  of  the  Committee  on  Relations  with  the 
Slaveholding  States  of  North  America,  with  the  Resolutions 
thereto  appended." 


APPENDIX.  411 

Also,  the  following-  Ordinances,  to  wit: 

"An  Ordinance  concerning  Judicial  Powers." 
"An  Ordinance  to  define  and  punish  Treason." 
"An  Ordinance  concerning  powers  lately  vested  in  the 
Congress  of  the  United  States." 

"An  Ordinance  concerning  Citizenship." 

That  these  having  been  duly  signed  by  the  President, 
and  attested  by  the  Clerk  of  the  Convention,  and  the  seal 
of  the  State  attached  thereto,  have  been  deposited  in  the 
office  of  the  Secretary  of  State  for  safe-keeping. 

THOMAS  V.  SIMONS.  Chairman. 


The  Committee  on  Engrossed  Ordinances  beg  leave  t<> 
report: 

That  the  Ordinance  adopted  by  this  body  on  the  day  of 
the  adjournment  oi'  its  first  session,  entitled,  "An  Ordi- 
nance to  vest  in  the  General  Assembly  the  power  to  estab- 
lish Postal  Arrangements,"  has  been  duly  engrossed  under 
the  supervision  of  the  Committee,  and  deposited  in  the 
office  oi  the  Secretary  of  State  for  safe-keeping. 

Respectfully  submitted. 

THOMAS  Y.  SIMONS.  Chairman. 


The  Committee  on  Engrossed  Ordinances  report: 
That  the   Ordinances  and  Resolutions  referred  to  them 
have  been  duly  engrossed  and  ratified  by  the  signature  of 
the  President  and  the  attestation  of  the  Clerk,  t<>  wit: 

1.  An  Ordinance  ratifying  the  Constitution  of  the  Con- 
federate States  of  America. 

2.  A  Resolution  suggesting  amendments  thereto. 

3.  An   Ordinance   to    amend    an   Ordinance   concerning 
citizenship. 


412  APPENDIX. 

4.  An  Ordinance  to  amend  and  to  repeal  sundry  Ordi- 
aancea  and  t<>  alter  the  fourth  article  and  sundry  sections 
of  the  Constitution. 

5.  An  Ordinance  to  alter  the  tenth  section  of  the  first 
article  of  the  ('(institution  of  the  State  of  South  Carolina, 
and  the  amendment  thereof  ratified  the  twenty-eighth  day 
of  January,  A.  I).  1861  :  also,  to  alter  the  tenth  section  of 
the  amendment  ratified  on  the  seventeenth  day  of  Decem- 
ber, 1808,  and  likewise  the  second  clause  of  the  eleventh 
article  of  the  Constitution  aforesaid. 

6.  An  Ordinance  to  ratify  the  Provisional  Constitution 
and  Government  of  the  Confederate  States  of  America. 

7.  An  Ordinance  to  repeal  in  part  and  to  alter  in  part 
an  Ordinance  to  amend  the  Constitution  of  the  State  in 
respect  to  the  Executive  Department. 

8.  An  Ordinance  to  transfer  to  the  Government  of  the 
Confederate  States  of  America  the  use  and  occupancy  of 
the  forts,  arsenals,  navy  yards,  custom  houses,  and  other 
public  sites  within  the  limits  of  this  State. 

9.  A  Resolution  to  provide  for  the  transfer  of  arms, 
ordnance,  and  munitions  of  Avar,  by  this  State  to  the  Gov- 
ernment of  the  Confederate  States  of  America. 

10.  A  Resolution  to  transfer  the  regular  enlisted  troops 
of  this  State  to  the  Government  of  the  Confederate  States. 

11.  A  Resolution  to  provide  for  tendering  volunteer 
forces  to  the  Confederate  States. 

1  -.  A  Resolution  authorizing  the  Governor  to  commission 
the  officers  of  the  volunteer  companies  in  certain  cases. 
Respectfully  submitted. 

THOMAS  V.  SIMoXS.  Chairman. 


COMMUOTCATION  FROM  HIS  EXCELLENCY  THE 
GOVERNOR. 

State  of  South  Carolina,  Executive  Department, 
Charleston,  March  28,  1861. 
To  the  President  and  Members  of  the  Convention: 

Gentlemen:  On  the  1:2th  day  of  February  last,  the  Con- 
federate Government  adopted  the  following  resolution: 

"  Resolved,  That  this  Government  takes  under  its  charge 
the  questions  and  difficulties  now  existing  between  several 
States  of  this  Confederacy  and  the  Government  of  the 
United  States,  relating  to  the  occupation  of  Forts,  Arsenals, 
Navy  Yards,  and  other  public  establishments;  and  thai  the 
President  of  the  Cotigress  be  directed  to  communicate  this 
resolution  to  the  Governors  of  the  States." 

And  on  the  1st  day  of  March,  the  Secretary  of  War 
wrote  me  in  the  following  language  : 

"Under  this  Act  the  President  directs  me  to  inform  you 
that  he  assumes  control  of  all  the  military  operations  of 
your  State,  having  reference  to,  or  connected  with,  ques- 
tions between  your  State  and  powers  foreign  to  it. 

"  He  also  directs  me  to  request  you  to  communicate  to 
the  Department  without  delay,  the  quantity  and  character 
of  arms  and  munitions  of  war  which  have  been  acquired 
from  the  United  States,  and  which  are  now  in  the  Forts, 
Arsenals  and  Navy  Yards  of  your  State,  and  all  other  anus 
and  munitions  which  your  State  may  desire  to  turn  over 
and  make  chargeable  to  this  Government." 

The  Provisional  Government  for  the  Confederate  States 
was  created  by  your  authority,  through  delegates  appointed 
to  meet  other  delegates  from  all  the  seceding  States,  and. 
therefore,  I  consider  the  acts  of  the  Provisional  Govern- 
ment as  binding  upon   South  Carolina.     By  virtue  of  this 


414  APPENDIX. 

authority,  the  President  of  the  Confederate  Government, 
on  the  third  of  this  month,  placed  General  Beauregard  in 
full  command  of  all  forces  in  actual  service,  in  and  around 
Charleston.  Ee  is  a  scientific  and  thorough-hred  officer, 
and  in»  appointment  could  have  been  more  acceptable. 

I  did  not  think  I  was  fully  authorized  to  transfer  the 
enlisted  forces  of  South  Carolina  over  to  the  Confederate 
Government,  because  their  enlistment  was  in  the  nature  of 
a  contract  with  the  State,  the  conditions  of  which  could 
not  be  varied,  except  by  the  authority  of  the  Convention. 

I  have  transmitted  to  the  Secretary  of  War  of  the  Con- 
federate States  a  full  and  accurate  list  of  the  officers  that 
have  been  appointed  in  the  regular  enlisted  service  of  this 
State,  and  took  occasion  to  say  that  I  would  refer  the  mat- 
ter to  the  Convention  to  determine  and  fix  the  conditions 
upon  which  this  force  should  he  transferred  over  to  the 
Confederate  Government.  It  was  a  force  raised  under 
peculiar  circumstances  of  great  excitement  and  peril,  and 
the  officers  have  been  selected  with  strict  regard,  in  most 
instances,  to  military  services  heretofore  rendered  in  the 
late  Mexican  war,  or  in  reference  to  their  rank  and  position 
in  the  late  United  States  Army. 

I  respectfully  urge,  therefore,  that  the  Convention  may 
preserve  their  rank  and  commissions,  as  far  as  possible,  in 
any  arrangement  or  transfer  they  may  make  of  them  to  the 
Confederate  Government.  This  force  was  enlisted  for  one 
year,  and  in  any  events  that  may  arise,  it  will  require  at 
least  six  hundred  men  to  garrison  the  foils  in  Charleston 
harbor,  and  it  will  also  require  a  company  permanently  sta- 
tioned at  the  mouth  of  StonO,  and  one  near  Georgetown, 
at  least  one,  if  not  more,  at  and  near  Beaufort  :  in  all  eight 
hundred  men.  W  there  should  be  any  continued  agitation 
or  apprehension  of  protracted  war,  t  hen,  of  course,  it  would 
require  many  more.  If  the  Confederate  Government  would 
receive  this  enlisted  force  with  their  officers,  then  they 
might  constitute,  for  their  term  of  service,  the  permanent 
garrison  force  on  the  sea-coast  of  South  Carolina.  We 
happened   to  be  the   pioneer  Scate  in  the  great  movements 


APPENDIX.  415 

that  have  taken  place  in  the  last  three  months,  and  this 
force  was  suddenly  raised  under  circumstances  requiring 
tlif  sternest  character.  They  have  served  faithfully,  and 
their  General  has  been  a  brave  and  meritorious  officer  in  the 
Palmetto  Regiment  through  the  Mexican  war.  and  of  great 
experience  as  Adjutant  and  [nspectoi>Gcneral,  appointed 
by  the  Legislature  for  many  years.  The  other  field  officers 
and  captains,  with  hut  a  single  exception,  have  also  either 
served  through  the  same  war.  or  been  graduates  of  West 
Point,  and  officers  in  the  United  States  Army.  It  may 
then  he  said,  as  tar  as  officers  are  concerned,  to  he  as  effi- 
cient a  force  for  the  number  as  can  he  obtained. 

I,  therefore,  most  respectfully  urge  that  the  Convention 
will  effectually  guard  and  preserve  their  rights  in  any  ar- 
rangement or  disposition  they  may  adopt  in  reference  to 
their  transfer  to  the  Confederate  Government.  The  high- 
toned  and  noble  regiment,  commanded  by  Col.  Gregg,  was 
organized  under  resolutions  adopted  by  your  body.  They 
were  called  forth  at  a  time  when  we  expected  an  immediate 
conflict  o{'  arms,  and  under  the  powers  granted  me  by  the 
Convention.  1  entrusted,  to  a  great  extent,  their  formation 
to  their  patriotic  and  gifted  commander.  The  term  of  ser- 
vice for  which  they  volunteered  was  only  six  months,  and  I 
believe  they  do  not  propose  a  longer  term  now,  unless 
there  should  he  some  prospect  of  a  more  general  state  of 
hostilities.  But  I  communicate  with  this  a  report  from  the 
Secretary  of  War,  and  refer  to  the  details  there  presented 
for  a  more  full  account  of  the  forces  that  have  been  em- 
ployed. I  most  cordially  adopt  that  report,  and  recommend 
its  clear  and  truthful  representations  to  the  earnest  atten- 
tion of  the  Convention. 

1  send  on.  also,  with  this,  copies  of  all  letters  that  have 
passed,  in  relation  to  the  military  forces  of  this  State,  from 
myself  to  the  President  of  the  Confederate  States,  and  the 
Secretaries  of  War  and  Navy,  together  with  their  replies. 
I  make  this  communication  in  order  that  the  Convention 
may  fully  understand  all  that  has  been  done,  and  the  par- 
ticular interests  involved.     1  doubt  the  right  to  make  the 


416  Al'l'KNIUX. 

transfer  of  these  forces  and  fix  the  conditions  that  may  be 
accessary,  except  through  the  Convention. 

I  also  communicate  with  this  reports  from  the  different 
heads  (>t  Bureaus  or  Departments,  and  refer,  with  great 
satisfaction,  to  them  as  not  only  showing  the  ability  and 
faithfulness  with  which  each  one  of  them  has  administered 
tin'  affairs  under  his  particular  charge,  hut  also  to  show, 
that  if  the  Executive  has  been  at  all  successful  in  adminis- 
tering the  duties  of  office,  it  was  principally  owing  to  the 
very  able  Council  with  which  he  was  surrounded.  It  was 
by  a  resolution  of  the  Convention  that  this  Council  was 
appointed.  One  of  its  most  useful  and  patriotic  members 
has  been  transferred  to  the  Administration  of  the  Confed- 
erate Government;  and  I  have  appointed  the  Hon.  Edward 
Frost  a  member  of  the  Council  in  his  place.  It  was  re- 
quired by  the  resolution  appointing  this  Council,  that  I 
should  refer  any  nomination  to  your  body  for  confirmation. 
I,  therefore,  now  respect  full}'  refer  to  you  this  nomination 
for  your  continuation. 

It  will  lie  seen  by  the  report  from  the  Treasury  Depart- 
ment, that  our  expenditures  have  been  $640,317  tsix  hun- 
dred and  forty  thousand  three  hundred  and  seventeen 
dollars);  of  this  amount,  $195,500  was  expended  by  the 
Ordnance  Hoard.  This  includes  what  has  been  expended 
for  ordnance  and  munitions  of  all  kinds.  As  to  all  ex- 
penses incurred  since  the  20th  of  December  last,  the  day 
on  which  South  Carolina  seceded  from  the  old  Confeder- 
acy, I  take  it  for  granted  the  Government  of  the  Confed- 
erate States  will  become  responsible  to  us  for  the  amount, 
as  it  was  incurred  in  defence  of  a  common  cause,  and  par- 
ticularly as  the  Confederate  ( rovernment  expressly  assumed 
jurisdiction  of  all  questions  between  us  and  any  other  gov- 
ernments relating  to  defences  and  military  operations. 

It  will  he  perceived  that,  through  a  communication  from 
the  Secretary  of  War  at  Montgomery,  I  was  particularly 
requested  to  turn  over  all  arms  and  munitions  received 
from  the  Arsenal  of  the  United  States  in  this  city,  and 
also  all  other  arms  I  might  think  proper.     I  suppose  the 


APPENDIX.  417 

ordnance  and  arms  the  State  owned  itself,  which  were  pur- 
chased in  1850  and  1851,  might  with  great  propriety  be 
retained  by  the  State  now.  as  also  some  small  arms  in  the 
late  United  States  Arsenal,  essential  to  arm  our  volunteer 
force  if  called  into  service,  ought  to  be  retained:  but  all 
ordnance  and  munitions  of  war  procured  and  purchased 
recently,  might  be  very  appropriately  turned  over  to  the 
Confederate  Government;  and  I  most  respectfully  call  the 
attention  of  the  Convention  to  tliis  subject,  as  connected 
with  any  arrangement  they  might  make  in  reference  to  the 

transfer  of  our  regular  forces  to  the  Confederate  Sta1 

I  herewith  transmit  the  Ordinances  and  Resolutions  oi' 

the  different  States  that  have  seceded,  and  would  call 
attention  to  the  obvious  propriety  of  providing  for  them, 
together  with  our  own  Ordinance  on  the  same  subject, 
some  suitable  place  of  safe  deposit.  They  are  the  simple, 
hut  authentic  records  of  events  well  calculated  to  produce 
a  profound  impression  upon  the  future  destiny  of  our 
country. 

Heretofore  in  the  history  of  the  world,  the  great  struggle 
has  been  to  secure  the  personal  rights  of  individuals.  In 
former  times,  the  power  of  government  absorbed  all  indi- 
vidual or  personal  rights  of  citizens.  But  our  English 
ancestors,  by  their  sturdy  virtues,  engrafted,  at  different 
periods,  such  grants  and  restrictions  upon  the  British  Con- 
stitution, as  effectually  secured  personal  rights,  and  as  far 
as  that  branch  of  liberty  is  involved,  they  made  it  as  per- 
fect as  in  any  other  country. 

To  secure  the  political  rights  of  separate  and  indepen- 
dent communities,  required  a  higher  and  broader  range  of 
political  experience.  The  guarantees  for  persona]  rights 
in  England  Avas  a  great  advance  over  the  old  feudal  system 
of  Europe ;  and  it  was  then  left  to  the  separate  States  of 
America  to  develop  a  higher  experience  over  a  larger 
extent  of  territory,  in  those  guarantees  necessary  to  secure 
the  local  rights  of  separate  anil  independent  communities, 
united  under  one  common  government. 

The  old  Constitution  was  intended  to  effect  this  advance 
27 


U'PKMMX. 

in  the  Bcience  of  government,  and  it'  it  had  been  properly 
administered,  would  Lave  continued  to  develop  the  mighty 
resources  and  power  of  a  wonderful  people.  But,  under 
rlie  combination  of  ambition  with  fanaticism,  they  attempt- 
ed to  organize  the  great  massed  of  the  people,  so  as  to  act 
together  in  a  consolidated  majority,  and  administer  the 
common  government  without  regard  to  the  sacred  guar- 
antees by  which  the  local  rights  and  interests  of  separate 
communities  should  lie  preserved  under  the  absolute  con- 
trol  of  their  separate  governments.  This,  of  course,  re- 
versed tin'  whole  philosophy  of  our  peculiar  system,  and  it' 
permitted  to  become  successful,  would  have  given  us  no 
advance  over  the  European  system  of  government.  In 
fact,  it  would  have  placed  us  hehind  them  in  progress,  for 
many  of  their  mosl  enlightened  and  powerful  governments 
asserted  the  doctrine  and  acted  upon  it.  that  governments 
and  dynasties  can  be  changed  by  pofpular  sovereignty,  cx- 
pressed  through  universal  suffrage,  in  independent  commu- 
nities; and  they  avow  this  as  a  substitute  lor  the  old  theory 
of  divine  and  hereditary  right. 

Under  our  old  articles  of  confederation  the  government 
had  failed,  and  the  Constitution  <>f  the  United  States  grew 
out  of  the  force  of  circumstances,  and  was  adopted  in 
order  to  secure,  at  that  period,  a  more  perfect  union  to 
enable  us  to  resist  foreign  aggression.  We  'nave  outgrown 
that  state  of  things,  and  the  danger  lately  was  not  from 
foreign  aggression,  but  from  internal  corruption,  and  from 
an  assumption  in  parts  and  majorities,  of  absolute  govern-^ 
ment  over  other  parts,  without  reference  to  the  limitations 
and  reservations  of  the  compact.  Thus,  that  Constitution 
ran  its  career  and  fulfilled  its  destiny,  under  the  perverted 
and  vitiated  idea  that  we  were  a  consolidated  people. 
Under  prejudices  fostered  by  designing  men,  and  under 
the  worst  passions  inflamed  by  had  men,  an  absolute 
majority  was  created,  who  assumed  that  their  will  must 
uecessarily  he  the  government,  instead  of  the  fixed  prin- 
ciples of  the  Constitution,  which  were  intended  to  guard 
the    local   rights   and    interests   of  the   separate    and    hide- 


APPENDIX.  -Iiy 

pendent  communities  which  composed  the  Confederacy  of 

States. 

Our  State,  true  to  the  great  principles  upon  which  the 
Confederacy  was  formed,  and  true  to  those  great  and  pro- 
gressive ideas  which  were  so  identified  with  American 
Independence,  was  forced  to  resume  her  original  powers  of 
government;  and  if  she  succeeds  in  engrafting  the  funda- 
mental right  of  a  separate  and  independent  State  to  with- 
draw from  any  Confederacy  that  may  he  formed,  whenever 
her  people,  in  sovereign  convention  assembled,  shall  so 
decide,  then  she  will  have  made  another  advance  in  the 
science  of  government,  and  added  another  guarantee  to 
the  great  principle  of  civil  liberty.  And  if  this  principle 
could  he  secured  without  an  appeal  to  arms  and  hlood.it 
would  show  that  the  country  has  progressed  in  civilization 
and  intelligence,  so  far  as  to  he  able  to  settle  all  controver- 
sies and  issues  involving  political  rights  by  an  appeal  to 
reason,  to  interest,  to  free  discussion,  to  conventions,  to 
treaties  and  covenants,  rather  than  by  an  appeal  to  brutal 
force. 

True,  we  have  encountered  misrepresentation  and  abuse, 
and  for  a  people  so  small  in  numbers  as  we  are.  to  make 
such  an  issue  as  we  did,  was  full  of  danger  and  difficulty. 

But  no  people  are  tit  to  he  free  unless  they  are  able  to 
treat  denunciation  with  indifference  and  to  meet  danger 
with  fortitude. 

From  peculiar  circumstances.  South  Carolina  was  called 
on  to  take  the  first  step  in  this  march  to  independence. 
She  had  to  encounter  the  first  shock  in  the  bitterness  and 
tierce  passions  of  our  opponents.  Those  who  had  mastered 
the  power  of  the  Government,  and  were  fondly  gazing  on 
the  rich  and  ripe  fruit  supposed  to  be  just  within  their 
grasp,  naturally  exasperated  in  disappointment,  caused  by 
this  State  interposing  to  arrest  them  in  their  lawless  career 
of  mad  ambition  and  wild  fanaticism.  For  a  period  we 
were  surrounded  with  great  difficulties,  and  threatened  with 
danger  that  appeared  imminent. 

As  far  as  the  Executive  is  concerned,  I  always  considered 


420  APPENDIX. 

that  the  peculiar  mission  of  this  State  was.  by  a  firm  and 
temperate  course,  to  lay  the  foundation  of  a  new  Confed- 

cy  of  Siatcs.  homogeneous  in  feeling  and  interest,  with 
Bnch  institutions  and  domestic  civilization  as  would  unite 
them  in  <nic  common  destiny,  with  a  government  devoted 
to  their  peace  and  safety,  and  with  no  interest  to  produce 
the  slightest  aggression  upon  oilier  people;  but  deeply 
interested  to  develop  those  productions  that  are  so  largely 
demanded  in  the  peaceful  pursuits  of  mankind,  and  enter- 
ing so  largely  into  the  comforts  and  progressive  civilization 
of  the  world. 

When  this  State  first  withdrew  from  the  Federal  Union. 
I  felt  that  wo  bore,  on  one  side,  critical  relations  to  the 
Confederacy  we  had  left,  and  also  very  delicate  and  pecu- 
liar relations  to  those  slave  States  who  constituted  the 
border  of  the  Southern  States,  and  we  had  still  higher  and 
more  sacred  duties  and  relations  toward  our  sister  States 
of  the  South,  who  were  expected  nohly  to  come  to  our  side 
in  the  formation  of  a  new  Confederacy. 

All  these  relations  made  our  course  quite  complicated, 
and  full  of  deep  obligations.  In  administering  the  duties 
of  the  Executive  office,  1  can  truly  say  that  I  never,  tor  one 
moment,  lost  Bight  of  the  relations  our  State  bore  to  all,  and 
it  lias  evei'  been  my  endeavor,  while  sustaining  her  sepa- 
rate rights  and  independence,  never  to  do  anything  that 
might  show  indifference  to  any  of  the  great  complicated 
interests  and  relations  with  which  she  was  surrounded. 

When  your  illustrious  body  adjourned,  you  saw  the  State 
standing  alone,  surrounded  with  peril,  and  clouds  resting 
upon  the  future,  ruder  the  kind  dispensations  of  a  super- 
intending Providence,  I  am  now  able  to  present  her  to  you 
under  a  brighter  day.  surrounded  by  sister  States  rich  in 
their  resources,  with  their  brave  and  patriotic  sons  standing 
as  a  guard  in  the  portals  of  a  new  temple,  reared  by  our 
common  councils,  and  dedicated  to  the  separate  sovereignty 
of  fret  and  independent  States. 

V.  YV.  PICKENS- 


INDEX 


Journal — first  session 3-191 

Proclamation,  to  re-assemble  the  Convention,         .         .         .        .193 

JOURNAL — second  session, 195-314 

List  of  Members,  with  Post-oflices  and  Election  Districts,       .       .     315 
Appendix  : 

An  Act  to  provide  lor  the  calling  of  a  Convention  of  the  People 

of  this  State 528 

Declaration  of  the  immediate  causes  which  induce  and  justify  the 

secession  of  South  Carolina  from  the  Federal  Union,       .       .     325 
The  Address  of  the   People  of  South   Carolina,   assembled  in 
Convention,  to  the  People  of  the  Slaveholding  States  of  the 

United  States, 832 

Report  of  the  Committee  on  the  Address  to  the  People  of  the 

Southern  States,  on  the  Address  of  a  portion  of  the  Members 

of  the  General  Assembly  of  Georgia,        .....     345 

Report  and  Resolutions  from   the   Committee  on  Relations  with 

the   Slaveholding  States,  providing  for  Commissioners  to  such 

States, 349 

Correspondence    between    the    Commissioners    of  the    State    of 

South  Carolina  and  the   President  of  the  United  States,         .     354 
Statement  of  Messrs.   Miles  ahd  Keitt,  of  what  transpired   be- 
tween the  President  and  the   South  Carolina  Delegation,         .     372 
Report  of  the  Committee  on  the  Military,  with  accompanying 

Resolutions,      .         .         .         .         .         .         .         .         .         .878 

Report  of  the  Secretary  of  State, 3*3 

Report  of  the  Secretary  of  War, 386 

Report  of  the  Secretary  of  the  Treasury, 393 

Report  of  the  Secretary  of  the  Interior,       .  .  .  .  .39  7 

Report  of  Post-office  Department,        ......     403 

Report  of  Engrossing   Committee  as  to  publication  of  Secret 

Journal,   ...........     405 

Report  of  Committee  on  Printing,  as  to  Lithographing  Ordi- 
nance of  Secession,  ........     409 

Reports  of  Committee  on  Ordinances  and  Resolutions  engrossed,      410 
Governor's  Communication, •         .413 


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